Family Law Flashcards
Ceremonial Marriage requires
License, Capacity, and Solemnization (ceremony)
Common-law marriage requires
Agreement they are married, cohabitation, and holding themselves out as married.
Marriages are void for what three things?
Prior existing marriages, Incest, and mental incapacity at the time of marriage
Marriages are voidable for?
Age, impotence, intoxication, fraud, duress, or lack of intent
Are children of an anulled marriage considered marital children?
Yes
Putative marriage doctrine allows what?
A party of a ceremonial marriage who believed in good faith that the marriage is valid to use a state’s divorce provisions if the marriage is later found to be void
What are the seven grounds for at fault divorce?
Adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, institutionalization for insanity
What defenses are available to at fault divorce?
Many: recrimination, unclean hands, connivance, condonation, collusion, provocation, insanity, consent, justification, religion
Nonmarital property includes?
Property acquired before the marriage, property excluded by the parties valid agreement, property acquired by gift or inheritance, and awards or settlements for causes of action accruing before the marriage
What types of alimony (spousal maintenance) are there?
Lump sum, permanent (long marriage), limited duration (short marriage), rehabilitative (improve earning capcity), reimbursement (rarely granted).
Can visitation rights be denied for nonpayment of child support?
No
Can nonmarital children inherit from their father’s estate?
Yes, if paternity was proven prior to the fathers death, the father adopted the child, the father holds himself out as the father
A husband can be estopped from denying his obligation to pay child support for his wife’s non-biological child when?
There is a representation that he would provide, the wife relied on this representation, and the wife would suffer economic detriment if he did not.
Courts have personal jurisdiction over out of state parents for child support by?
The long-arm provision of the Uniform Interstate Family Support Act
What does a child receive under the income-shares model?
The same proportion of parental income as if the parties continued to live togeter
When can child support be modified?
There is a substantial change in circumstances
When can child support be terminated?
Emancipation, child marries, or death
What courts have jurisdiction to modify child support?
The court that rendered the order if that court has continuing jurisdiction, otherwise a state where there is a significant connection.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, what courts have jurisdiction to enter, modify custody or visitation orders?
Home state first, significant connection, default jurisdiction.
What is the standard for determining child custody?
Best interest and welfare of the child.
When does an unwed biological father have a right to contact with his child?
When he demonstrates a commitment to the responsibilities of parenthood
When can a parents religious beliefs be overriden by a court for medical care?
When necessary to prevent serious harm to the child
What can a separation agreement define?
Property divsion, spousal support, child support, custody, and visitation
Premarital agreements are enforceable if?
There is full disclosure of finances, the agreement is fair and reasonable, and the agreement is voluntary. (also in writing and signed by party to be charged)
Are provisions of a premarital agreement preventing modification of child support enforceable?
No
Are provisions of a premarital agreement preventing modification of property rights and spousal support enforceable?
Yes
Under the adoption and Safe Families Act, when can a state move to terminate parental rights?
When the child has been outside of the home and not with a relative for 15 of the past 22 months and reunification attempts have been provided
What courts have jurisdiction for divorce and alimony?
Ones with personal and subject matter jx
