Family Law Flashcards

1
Q

Valid marriage requirements – CALF SAW

A

C- Consanguinity including first cousins prohibited
A- Already married prohibition
L- License Required (3 days days prior and used within 60 days)
F- File marriage certificate with state

S- Solemnization by judge, commissioner or ordained clergy member)
A- Age of majority required
W- Witnesses to validation (2)

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2
Q

Registered Domestic Partnership – SURE

A

S- Share household
U- Unmarried to another
R- Registration required in state
E- Eighteen or older

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3
Q

Grounds for declaration of marriage invalidity – DAFT LUV

A

D- Duress
A- Already married
F- Fraud
T- Too closely related

L- Lacked capacity
U- Underage
V- Void out of state marriage

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4
Q

In dissolution court must – IVD

A

I- Identify property of marital estate
V- Value marital property
D- Distribute property

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5
Q

Prenuptial agreements – FOG

A

F- Full disclosure of material facts
O- Opportunity for counsel
G- Good faith required

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6
Q

Factors affecting a “just and equitable” distribution – DEP

A

D- Duration of marriage
E- Economic circumstances
P- Property amount

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7
Q

Parenting negative factors – HARA

A

H- History of domestic violence
A- Abuse of child
R- Refusal of parental responsibility
A- Abandonment of child (<2 years)

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8
Q

Child support law – SODA THIEF

A

S- Standard calculation
O- Other expenses
D- Deviations from state support schedule
A- Adjustments and modifications

T- Transportation long-distance
H- Health care
I- life Insurance
E- Educational support
F- Federal tax dependency exemptions
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9
Q

(Highly Tested) Best interest of child custody factors – WISH

A

W- Wishes of child and parents
I- Integration of child into home and community and physical proximity of parents
S- Sharing of love and affection with other parent
H- Health, physical and mental, of the parties including credible evidence of child or spousal abuse

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10
Q

(Highly tested) Common Law Marriages

– CACH

A

C- Capacity to enter into a marital contract
A- a present Agreement to be married
C- Cohabitation
H- Holding out a marital relationship to the community

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11
Q

(Highly Tested) Granting alimony award – DFC

A

D- marital Duration
F- parties Financial resources and needs
C- marital Contributions

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12
Q

Parenting plans allocate — CDS

A

C- Child financial support
D- Decision-making powers
S- residential Schedules

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