Family Law

Question 1

Divorce

Answer 1

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

Question 2

Divorce with Minor Children

Answer 2

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

Question 3

Equitable Distribution of Property (EDoP)

Answer 3

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

Question 4

Marital Property

Answer 4

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

Question 5

Non-Marital Property

Answer 5

assets acquired before marriage OR agreed to be non-marital

Question 6

Factors necessary for determining EDoF

Answer 6

(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

Question 7

Alimony

Answer 7

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

Question 8

Alimony Pendente lite/Temporary Alimony

Answer 8

alimony paid during duration of divorce suit

Question 9

Bridge-the-Gap Alimony

Answer 9

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

Question 10

Rehabilitative Alimony

Answer 10

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

Question 11

Termination/Modification of Bridge the Gap Alimony

Answer 11

Terminates upon remarriage or death. CANNOT be modified

Question 12

Termination/Modification of Rehabilitative Alimony

Answer 12

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

Question 13

Durational Alimony

Answer 13

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

Question 14

Termination/Modification of Durational Alimony

Answer 14

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

Question 15

Permanent Alimony

Answer 15

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

Question 16

Termination/Modification of Permanent Alimony

Answer 16

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

Question 17

Factors to Determine Amount of Alimony

Answer 17

(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

Question 18

Short term marraige

Answer 18

less than 7 years

Question 19

Moderate term marraige

Answer 19

7-17 years

Question 20

Long term marriage

Answer 20

more than 17 years

Question 21

Child Custody

Answer 21

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

Question 22

Best Interest of the Child

Answer 22

(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

Question 23

Shared Parenting Plan

Answer 23

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

Question 24

Shared Parenting Plan Requirements

Answer 24

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

Question 25

Jurisdiction

Answer 25

Uniform Child Custody Jurisdiction and Enforcement Act

Question 26

Home State Rule

Answer 26

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

Question 27

Shared Responsibility

Answer 27

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

Question 28

Exception to Home State Rule

Answer 28

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

Question 29

Exclusive Continuing Jurisdiction

Answer 29

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

Question 30

Relocation

Answer 30

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

Question 31

Relocation Factors

Answer 31

(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

Question 32

Child Support

Answer 32

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

Question 33

Child Support Amount

Answer 33

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

Question 34

Prenupital Agreement

Answer 34

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

Question 35

Postnupital Agreement

Answer 35

(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

Question 36

Adoption

Answer 36

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