Family Law Flashcards
Who taught Family Law?
Catherine (Cathy) Herrington Hale
How many Family Courts are in Harris County?
9
How many Protective Order Courts in Harris County?
1
How many IV-D Courts are in Harris County?
4
What is the Protective Order Court?
It is fairly new and is for violence.
What is the IV-D Court?
child support cases
How many family law cases are filed in Harris County Family Law courts each year?
36,000
How is the judgeship in Family Court organized?
There is a presiding judge and an associate judge.
What is mediation?
It is a confidential settlement process.
How many family law cases settle in mediation?
9/10ths
Is mediation required?
Yes. Mediation is required by all courts prior to final trial unless agreement on all issues and by some courts before any temporary order hearings.
How many types of marriages are there in Texas?
2
Name the types of marriages in Texas.
Informal Marriage and Ceremonial Marriage
What is required for an informal marriage?
- Hold yourselves out. 2. Cohabitate 3. Agree that you are married.
According to Texas Family Code, who cannot marry?
Ancestor or descendant, sibling, aunt, uncle, niece, nephew, cousin, stepkids or stepparents, same sex
In the state of Texas, could you ever possibly marry your stepkid or stepparent? Reasoning?
No. Because if you were being married, it would mean you are no longer step parent or kid, and can’t be married to more than one person at a time.
How old must you be to marry?
18
If you are not of age to marry, is there another way to be married?
Yes, with parental consent.
What is different about an annulment from a divorce?
An annulment is as if the marriage ever existed. You do not divide community property.
What are the grounds for an annulment?
- Underage or under the influence (UTI)
- Impotent
- Mentally incompetent
- Forced to marry by fraud
What are the residency requirements for divorce?
Must live in Texas for 6 months and county for 90 days.
What is the first thing to do before filing a divorce?
check for jurisdiction
What is the legal beginning for divorce?
- File petition
- Pay filing fee
- Service of process or waiver of service
What is a waiver of service?
Says you do not need to have official service of process about the petition for divorce.
Who is the petitioner in a divorce?
The person that files for divorce originally.
Who is the respondent in a divorce?
The person that receives it.
Name the two Emergency Filings.
Temporary Restraining Order and Protective Order
How long is a temporary restraining order?
14 days
How many times can a TRO be extended?
1 time
What does a TRO require?
an affidavit
What court is the Protective Order Court?
280th District Court
To get a Protective Order, what must you prove?
- Prove family violence or threat of family violence.
2. Likely to occur in the future
Can you get divorced while pregnant?
No. Texas does not want fatherless children.
If you divorce and have a baby within 301 days of divorce who is the presumed father of the child?
The ex-husband of that divorce. The baby must be born and then adjudicate parentage.
How long does a divorce take?
It depends.
What is the minimum amount of time a divorce could take?
60 days, if everybody agrees on everything. 60 days is the required “cooling off” period.
After you divorce, how long must you wait before you get married again?
30 days.
When is the divorce final?
When the Decree of Divorce is issued after all property and child-related issues are resolved.
How is community property split in Texas?
just & right division
Is community property a 50/50 split in Texas?
No.
How many states, including Texas, use just & right division?
9
Is there court ordered alimony in Texas?
No.
Is there alimony in Texas?
Yes, the court will never order alimony but it can be agreed to in mediation.
Is there court ordered spousal support in Texas?
Yes.
Is there spousal maintenance in Texas?
Yes
What is contractual alimony?
Agreement between 2 people involved. Judge will approve it and then it cannot be changed.
What is temporary spousal support?
Support ordered during the pendency of divorce.
The amount is what the court finds to be necessary and equitable.
There is no cap on temporary support.
What is spousal maintenance?
It is spousal support that is granted in two circumstances for a period not to exceed 5, 7, or 10 years. Final divorce spousal maintenance is capped. It is $5000/mo or 20 percent of gross monthly income, whichever is less.
Under what two circumstances can spousal maintenance be awarded?
- Spouse convicted of crime of domestic violence w/i 2 years of filing.
- Married 10 years & either unable to self-support or child who requires substantial & continuous care.
How long can one receive spousal support?
Period not to exceed 5, 7, or 10 years. 5=10 years of marriage, 7=15 years of marriage, 10=20 years of marriage.
What is Conservatorship?
Custody
What is Possesion and Access?
Visitation
When can the child decide own conservertorship and possesion and access?
At 18, but not before.
When a child turns 12, can s/he decide whether to live with mom or dad?
No. at 12, a judge can talk to children directing and ask their opinion.
Does a judge talk to every 12 or older child in custody hearings?
No, talks when requested.
Where was the picture of Cathy,her husband, and baby taken?
At Jac’s house, for her Kwanza, xmas, holiday gathering
What is the child support guideline for 1 child?
20% of net.
What is the child support guideline for 2 children?
25% of net.
What is the child support guideline for 3 children?
30% of net.
What is the child support guideline for 4 children?
35% of net.
What is the guideline for 5 children?
40% of net.
What is net income.
It’s your “take home pay” (after taxes)
What is a Parentage Lawsuit?
Determines legal biological parent.
When is a man a Presumed Father?
- If married to the mother at the time of the child’s birth or within 301 days of the child’s birth.
- If he files an assertion of paternity with the Bureau of Vital Statistics
- If he is voluntarily named as the child’s father on the birth certificate.
What is an Acknowledged Father?
Along with the mother, signs an acknowledgment of paternity or perjury, and files it with the Bureau of Vital Statistics.
Spell Bureau.
B-U-R-E-A-U
What is an Adjudicated Father?
Found to be the father of a child by a court.
What is Modification?
Changing the terms of a divorce decree regarding children.
What is SAPCR?
suit affecting parent child relationship
What is Enforcement?
Lawsuit against a person who violates Court Order. On Child Support, possession and access, property, support
Where is enforcement of child support handled?
IVD Courts or CCJ. (CCJ is on powerpoint, I think it means county court judgment from googling it, but was not in my notes.
What remedies are used in enforcement?
Judgment, punishment by jail, and/or $, compliance hearing
Who is the Harris County District Clerk?
Chris Daniel
Who is the new pope?
Jorge Mario Bergoglio
Where is the new pope from?
Argentina
How did the conclave let the masses know a new pope had been decided?
White smoke from the chimney
What name did the new pope choose?
Francis
