Family Law Flashcards
Divorce
Fl is no fault divorce state. (1) marriage is irretrievably broken
Divorce with Minor Children
court mat (1) order counseling (2) continue the proceedings for no more than 3 months (3) actions for best interest of the child
Equitable Distribution of Property (EDoP)
court will seek distribution of property based on type of property. marital or non-marital property
Marital Property
acquired by either or both spouses during marriage, (1) earnings and wages,
Non-Marital Property
assets acquired before marriage OR agreed to be non-marital
Factors necessary for determining EDoF
(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
Alimony
available absent waiver or valid agreement. court looks at (1) need for alimony AND (2) ability to pay
Alimony Pendente lite/Temporary Alimony
alimony paid during duration of divorce suit
Bridge-the-Gap Alimony
assist with short term need for transition to being single. MAY NOT exceed 2 years.
Rehabilitative Alimony
to assist spouse in education or training to be self sufficient. MUST have a plan.
Termination/Modification of Bridge the Gap Alimony
Terminates upon remarriage or death. CANNOT be modified
Termination/Modification of Rehabilitative Alimony
Modification or Termination if SUBSTANTIAL CHANGE in circumstances. May also be terminated if (1) noncompliance with plan OR (2) completion of plan
Durational Alimony
assistance for short or moderate duration when permanent alimony is inappropriate.
Termination/Modification of Durational Alimony
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
Permanent Alimony
provided to spouses who lack financial ability to be self-supporting if LONG marriage or SHORT marriage with EXCEPTIONAL circumstances
Termination/Modification of Permanent Alimony
(1) substantial change in circumstances (2) existence of supportive relationship not needed (3) death of either party
Factors to Determine Amount of Alimony
(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
Short term marraige
less than 7 years
Moderate term marraige
7-17 years
Long term marriage
more than 17 years
Child Custody
parenting plans and time sharing - neither parent has a superior claim
Best Interest of the Child
(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
Shared Parenting Plan
can be modified upon show of (1) substantial (2) material (3) material and (4) unanticipated change in circumstances
Shared Parenting Plan Requirements
(1) responsibilities (2) time-sharing schedule (3) child’s expenses (4) methods and technologies for communicating with child
Jurisdiction
Uniform Child Custody Jurisdiction and Enforcement Act
Home State Rule
court is competent for JD if state is Child’s Home State OR was child’s home state within the past 6 months
Shared Responsibility
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
Exception to Home State Rule
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
Exclusive Continuing Jurisdiction
initial court has exclusive JD until (1) child and parent move out (2) child no longer has significant connections to state
Relocation
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
Relocation Factors
(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
Child Support
Cease when child turns 18 unless child is physically or mentally dependant, or child is still in high school
Child Support Amount
In FL, set by statute, court reluctant to depart from guidelines unless extraordinary needs.
Prenupital Agreement
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
Postnupital Agreement
(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
Adoption
Consent required from: (1) mother (2) father (3) adoptees over 12 years old (4) any person lawfully entitled to custody
