Family Law Flashcards
Marriage
Legally recognized Union, take on special legal rights and obligations
Solemnized vs Common
Solemnized is a licensed marriage by local government official, then have wedding ceremony before clergy or judge.
Common is a mutual agreement, not legally binding
Traditional Requirements of Marriage
Opposite sex
Over 18
Sound mind
Not closely related
Consequences of marriage
Legal obligation to support each other, property may become martial property, forced share
Benefits of marriage
Taxes, employer benefits, medical insurance, social security
Same Sex Marriage
Pros and Cons
For: Equality, benefits, and child custody
Against: Man-Woman definition, religion, other solutions
Full faith and credit clause
legal everywhere
Prenuptial Agreement
Signed document before you are married, you leave with what you came with
Fault Rule
The party who unjustifiably breaks the engagement loses the ring
Divorce
Legal judgement that dissolves a marriage
Collaborative Divorce
Couple hires a team of professionals to help them reach a mutual agreement
No Fault Divorce
Allows couple to end marriage without having to assess blame for break up
Alimony
Financial support for necessities of life
Family
Dynamic area of the law that cannot be defined anymore by mom/dad relationship with children
