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FL Bar Exam Flashcards- MBE > Family Law > Flashcards

Family Law Flashcards

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MBE flashcards
1
Q

Divorce

A

Fl is no fault divorce state. (1) marriage is irretrievably broken

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2
Q

Divorce with Minor Children

A

court mat (1) order counseling (2) continue the proceedings for no more than 3 months (3) actions for best interest of the child

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3
Q

Equitable Distribution of Property (EDoP)

A

court will seek distribution of property based on type of property. marital or non-marital property

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4
Q

Marital Property

A

acquired by either or both spouses during marriage, (1) earnings and wages,

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5
Q

Non-Marital Property

A

assets acquired before marriage OR agreed to be non-marital

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6
Q

Factors necessary for determining EDoF

A

(1) contribution to marriage
(2) contribution to care and education of children
(3) services of homesmake
(4) economic circumstances
(5) duration of marriage
(6) each spouse’s career and educational sacrifices
(7) desirability from prevention of interference by other spouse

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7
Q

Alimony

A

available absent waiver or valid agreement. court looks at (1) need for alimony AND (2) ability to pay

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8
Q

Alimony Pendente lite/Temporary Alimony

A

alimony paid during duration of divorce suit

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9
Q

Bridge-the-Gap Alimony

A

assist with short term need for transition to being single. MAY NOT exceed 2 years.

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10
Q

Rehabilitative Alimony

A

to assist spouse in education or training to be self sufficient. MUST have a plan.

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11
Q

Termination/Modification of Bridge the Gap Alimony

A

Terminates upon remarriage or death. CANNOT be modified

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12
Q

Termination/Modification of Rehabilitative Alimony

A

Modification or Termination if SUBSTANTIAL CHANGE in circumstances. May also be terminated if (1) noncompliance with plan OR (2) completion of plan

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13
Q

Durational Alimony

A

assistance for short or moderate duration when permanent alimony is inappropriate.

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14
Q

Termination/Modification of Durational Alimony

A

Modification or Termination of AMOUNT if SUBSTANTIAL CHANGE in circumstances. Modification or Termination of LENGTH not allowed unless EXCEPTIONAL CIRCUMSTANCES and may NOT be longer than marraige

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15
Q

Permanent Alimony

A

provided to spouses who lack financial ability to be self-supporting if LONG marriage or SHORT marriage with EXCEPTIONAL circumstances

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16
Q

Termination/Modification of Permanent Alimony

A

(1) substantial change in circumstances (2) existence of supportive relationship not needed (3) death of either party

17
Q

Factors to Determine Amount of Alimony

A

(1) Standard of living (2) duration of marriage (3) age, emotional, physical condition (4) financial resources of income (5) capacity to earn (6) contribution to marriage (7) tax consequences (8) any factors that will foster equity

18
Q

Short term marraige

A

less than 7 years

19
Q

Moderate term marraige

A

7-17 years

20
Q

Long term marriage

A

more than 17 years

21
Q

Child Custody

A

parenting plans and time sharing - neither parent has a superior claim

22
Q

Best Interest of the Child

A

(1) parents ability to provide a stable home environment (2) child’s preference (3) parent’s willingness to allow time sharing (4) moral fitness of the parents (5) evidence of DV, abuse, or neglect (6) parent’s ability to meet child’s developmental needs (7) effect of traveling to carry out parenting plan (8) parent’s capacity to provide structured routine for child

23
Q

Shared Parenting Plan

A

can be modified upon show of (1) substantial (2) material (3) material and (4) unanticipated change in circumstances

24
Q

Shared Parenting Plan Requirements

A

(1) responsibilities (2) time-sharing schedule (3) child’s expenses (4) methods and technologies for communicating with child

25
Q

Jurisdiction

A

Uniform Child Custody Jurisdiction and Enforcement Act

26
Q

Home State Rule

A

court is competent for JD if state is Child’s Home State OR was child’s home state within the past 6 months

27
Q

Shared Responsibility

A

FL emphasizes BOTH parents retain shared responsibilities which means that both parents retain JD rights over the children (1) health care (2) religion (3) education

28
Q

Exception to Home State Rule

A

does not apply if child and (1) 1 parent have significant connection with another state AND (2) substantive evidence is available in other state regarding care, protection, training, and relationships

29
Q

Exclusive Continuing Jurisdiction

A

initial court has exclusive JD until (1) child and parent move out (2) child no longer has significant connections to state

30
Q

Relocation

A

parent MUST (1) obtain written consent of everyone entitled to time sharing OR (2) serve a petition to relocate on every person entitled to time sharing. BEST INTEREST OF THE CHILD STANDARD

31
Q

Relocation Factors

A

(1) relationship with significant persons
(2) child’s age and needs
(3) child’s preference
(4) enhancements to the quality of life from the proposed relocation
(5) reasons for relation, if good faith
(6) career opportunities of objecting person after relocation

32
Q

Child Support

A

Cease when child turns 18 unless child is physically or mentally dependant, or child is still in high school

33
Q

Child Support Amount

A

In FL, set by statute, court reluctant to depart from guidelines unless extraordinary needs.

34
Q

Prenupital Agreement

A

subject to SoF, must be in writing. marriage is sufficient consideration. Court will strictly scrutinize for good faith and lack of consideration. Full financial disclosure is NOT required

35
Q

Postnupital Agreement

A

(1) CANNOT DETERMINE SPOUSAL SUPPORT, CHILD SUPPORT OR CUSTODY (2) Alimony can be waived, (3) not subject to SoF (4) Right to receive child support CANNOT be waived (5) full financial disclosure required

36
Q

Adoption

A

Consent required from: (1) mother (2) father (3) adoptees over 12 years old (4) any person lawfully entitled to custody

FL Bar Exam Flashcards- MBE (20 decks)

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