Family Law

Question 1

What are the elements of common law marriage?

Answer 1

(1) capacity to marry, (2) parties intend to be presently married, (3) cohabitation, and (4) spouses hold themselves out to be married to the community.

Question 2

What is the majority rule regarding property distribution after divorce?

Answer 2

Equitable distribution. It requires an equitable and fair distribution of all marital property. Note: Need not be 50/50 and does not include Separate Property.

Question 3

What is marital property?

Answer 3

all property/assets acquired during marriage (other than separate property).

Question 4

What is separate property?

Answer 4

assets acquired during marriage by gift, descent, or devise. Also includes anything acquired before marriage.

Question 5

What factors help determine spousal support?

Answer 5

Spousal support amount depends on various factors such as financial resources of parties, standard of living, whether spouse can find employment, length of marriage, age and health of parties, and marital misconduct (in some state)

Question 6

What factors help determine child support?

Answer 6

Child support awards are typically awarded based on the income received by the paying parent. Other factors may include the best interests of the child, age, special needs, assets of both parties, and standard of living during marriage.

Question 7

What are the four types of spousal support?

Answer 7

Permanent alimony, limited-duration alimony, rehabilitative alimony, and reimbursement alimony.

Question 8

May spousal support be modified?

Answer 8

Yes, but it requires a significant change in circumstances.

Question 9

May child support be modified?

Answer 9

Yes, but it requires a substantial change in circumstances.