Family Law Flashcards
Valid marriage requirements – CALF SAW
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)
Registered Domestic Partnership – SURE
S- Share household
U- Unmarried to another
R- Registration required in state
E- Eighteen or older
Grounds for declaration of marriage invalidity – DAFT LUV
D- Duress
A- Already married
F- Fraud
T- Too closely related
L- Lacked capacity
U- Underage
V- Void out of state marriage
In dissolution court must – IVD
I- Identify property of marital estate
V- Value marital property
D- Distribute property
Prenuptial agreements – FOG
F- Full disclosure of material facts
O- Opportunity for counsel
G- Good faith required
Factors affecting a “just and equitable” distribution – DEP
D- Duration of marriage
E- Economic circumstances
P- Property amount
Parenting negative factors – HARA
H- History of domestic violence
A- Abuse of child
R- Refusal of parental responsibility
A- Abandonment of child (<2 years)
Child support law – SODA THIEF
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
(Highly Tested) Best interest of child custody factors – WISH
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
(Highly tested) Common Law Marriages
– CACH
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
(Highly Tested) Granting alimony award – DFC
D- marital Duration
F- parties Financial resources and needs
C- marital Contributions
Parenting plans allocate — CDS
C- Child financial support
D- Decision-making powers
S- residential Schedules