Family Law

Question 1

alienation of affections

Answer 1

If a third person diverts the affection of one spouse so that the other is deprived of a marital relationship, the deprived spouse has a cause of action for alienation of affections against the third person.

Question 2

criminal conversation

Answer 2

When one spouse has sexual relations with a third person, the other spouse has a cause of action against the third person.

Question 3

negligent interference with consortium or services

Answer 3

Either spouse may maintain an action for loss of the other’s consortium due to injuries from a defendant’s negligence.

Question 4

annulment

Answer 4

declaration that a marriage is invalid because there was an impediment at the time of the marriage

Question 5

void marriage

Answer 5

• complete nullity

- annulment action can be brought by any interested party

Question 6

voidable marriage

Answer 6

• deemed valid, but because of an impediment that existed at the time of the marriage, one of the spouses can bring an action to have the marriage declared invalid
• spouse can ratify the action by continuing in the relationship after the impediment is removed

Question 7

if either party has another living spouse, the marriage is _____.

Answer 7

void

Question 8

When a question includes a prior marriage that was not successfully ended before the marriage in question, remember that the subsequent spouse has two possible arguments:

Answer 8

(i) the strong presumption that the latest marriage is valid, and
(ii) if the prior marriage has been terminated by divorce or annulment or by the death of the prior spouse, continued cohabitation validates the second marriage under the UMDA.

Question 9

Most states consider marriage between parties that are too closely related ______.

Answer 9

void

Question 10

A spouse who was under the statutory age and married without getting the required consent can have the marriage invalidated; these marriages are usually _________.

Answer 10

voidable (underage spouse can ratify marriage by continuing in relationship after reaching statutory age)

Question 11

incurable physical impotence

Answer 11

• inability to have normal sexual relations with a spouse

- voidable, so subject to ratification

Question 12

lack of capacity sufficient to annul a marriage

Answer 12

(i) a lack of understanding due to a mental condition or the influence of drugs or alcohol;
(ii) a lack of mutual assent to the marriage;
(iii) duress; or
(iv) fraud going to the essentials of marriage

Question 13

Most states divorce statutes provide for divorce without regard to marital fault and usually require a showing that:

Answer 13

(i) the marriage is irretrievably broken (irreconcilable differences or incompatibility); and/or (ii) the parties have been living apart for a specified time

Question 14

fault grounds for divorce

Answer 14

1. adultery
2. willful desertion for a specified time
3. extreme physical or mental cruelty
4. voluntary drug addiction or habitual drunkenness
5. spouse’s mental illness

Question 15

defenses to fault grounds

Answer 15

1. collusion
2. connivance
3. condonation
4. recrimination

Question 16

collusion

Answer 16

agreement between the spouses to simulate grounds for divorce or to forgo raining a valid defense

Question 17

connivance

Answer 17

willing consent by one spouse to the other spouse’s misconduct (usually limited to adultery cases)

Question 18

condonation

Answer 18

forgiveness of marital offenses with full knowledge of their commission (resumption of marital relations after the forgiveness is the key element)

Question 19

recrimination

Answer 19

defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted (defense no longer recognized)

Question 20

legal separation

Answer 20

does not terminate marriage, but parties may have all of their rights regarding property, spousal support, custody, and child support adjudicated in this proceeding

Question 21

To have jurisdiction over spousal support, out-of-state property rights, child support, etc., the court must have

Answer 21

personal jurisdiction over the defendant.

Question 22

community property approach to division of property

Answer 22

all property acquired during the marriage is deemed owned one-half by each spouse, and all property brought into the marriage or acquired by gift or bequest is separate property

Question 23

equitable division of all property approach

Answer 23

equitable division of all property owned by either spouse acquired before or after the marriage

Question 24

equitable division of marital property approach

Answer 24

each spouse takes his separate property and the court divides the property acquired during the marriage

Question 25

permanent periodic spousal support

Answer 25

paid regularly for the lifetime of the recipient

Question 26

rehabilitative spousal support

Answer 26

periodic payments for a limited time to enable a spouse to gain skills or to become self-supporting

Question 27

lump sum spousal support

Answer 27

payable all at once or in a series of payments

Question 28

reimbursement spousal support

Answer 28

support awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree (awarded in a fixed sum and is based on the amount of the supporting's spouse's contribution)

Question 29

legal custody

Answer 29

right to make major decisions affecting the child's life

Question 30

physical custody

Answer 30

actual possession and control of the child

Question 31

A court has jurisdiction to initially enter or modify a child custody or visitation order if the state

Answer 31

(i) is the child's home state, or (ii) was the child's home state within the past six months and the child is absent from the state, but a parent or person acting as a parent continues to live int the state.

Question 32

A child's home state is the state in which

Answer 32

the child lived with a parent (or person acting as a parent) for at least six consecutive months immediately before the commencement of the proceedings (or the state where the child has lived since birth if younger than six months)

Question 33

The court that made the initial child custody or visitation determination has exclusive continuing jurisdiction over the matter until the court determines that:

Answer 33

(i) neither the child nor the child's parents continue to reside in the state; or (ii) the child no longer has a significant connection with the state and substantial evidence relating to the matter is no longer available in the state.

Question 34

adoption

Answer 34

a legal proceeding terminating the relationship between the child and his biological parents (if necessary) and establishing a new relationship between the child and his adoptive parents