Family Law Flashcards
17 year old may marry if…
- Parent or legal guardian give written consent; and
2. Other party is no more than 2 years older than the minor.
What is the waiting period to get married
3 days b/w license application date and effective date of the license
How can you waive the waiting period and lower the marriage license fee?
Premarital preparation course
What are the 2 things you need to get married
- License
2. Solemnization (ceremony) by judge, political official, or member of clergy
Although C.L. Marriage is not recognized in FL, how can someone be CL married?
- Couple agrees they are married;
- Cohabit as married couple
- Hold themselves out to the public as married
- Need mental capacity
- Intent “(say things like “we are married” not “we are gonna get married”)
The only common law marriage that is recognized as fully valid Fl marriages are those that were commenced prior to ____
1968
What does it mean that a marriage is “voidable”
It’s valid until a judicial decree dissolves the marriage
What are some voidable marriages?
Incest, age, impotence, intoxication, fraud, duress, lack of intent
How is property distributed after annulment?
<>FL unclear
<> Usually courts will place parties in the same position they were in prior to the marriage
<> Alimony usuallly not available but maybe Pendente lite will be given
Grounds for divorce in FL
- Irretreiveably broken
2. Mental incapacity for at least 3 yrs
How to get SMJ for Family Court
FL res for 6 months before action, or the court will consider the parties intent to make FL the principal residence and reason for the absence
What is needed to get a simplified divorce in county court?
- Parties agree marriage is irretrievebly broken
- No minors or defendants
- Wife not pregnant
- Parties will amicably divide all assets/debts
Premarital agreement (pre-nup) is valid if:
- Full disclosure of financial status of each party at the time of execution
- Agreement is fair and reasonable
- Agreement is voluntary
- Agreement does not leave one spouse woefully impoverished
- Must be in writing and signed by the party to be charged.
What is nonmarital property
Separate property such as
- Prop acquired before marriage
- Prop excluded by parties valid agreement
- Prop acquired by gift or inheritance
- Prop or income derived from nonmarital assets
What is bridge the gap alimony
<> Allows a party to transition from being married to being single.
<>Party has legit, specific, short-term needs. <> Cant exceed 2 years in duration
<>Cant be modified.
<> Terminates upon death of either party or remarriage of receiving party
Rehabilatative Alimony
<> Limited period of time to assist a party in establishing self-support
<> For education, training, or employment
<>Purpose is to enhance or improve earning capacity
<> Must have specific and defined rehabilitative plan
<> Can be modified or terminated if substantial change in circumstances, noncompliance w/plan, completion of plan
<> Remarriage of recipient spouse wont necessarily terminate rehab alimony but is a factor to consider
Permanent Alimony
<> Typically only long term marriages
<> Provides for needs and necessities as established during a marriage
<> Receiving party lacks the financial ability to meet such needs.
<> Award for the remainder of the dependent spouse’s life
<> Court must find that no other form of alimony was fair and reasonable.
<> Terminates upon death of either party or remarriage of receiving party
<> May be modified or terminated based on substantial change of circumstances or suppportive relationship
Durational Alimony
<> When no other alimony is suitable.
<> Award for a short period of time
<> Cant be greater than the length of the marriage
<> Ends on death of either party or remarriage of receiving party
<> May mod $ if substantial change but duration cant be mod unless exceptional circumstances.
When marriage was short or moderate term and there is an economic need for support
What is Pendente Lite alimony
<> Temp alimony b/w time of separation until marriage is dissolved
<> Purpose to put spouse who earns less on an equal footing during the process of divorce
<> Unlike the right to receive alimony post-divorce, the right to receive temp alimony cant be contracted away
Length of short term marriage
Less than 7 years
Length of moderate term marriage
More than 7, less then 17
Long term marriage
More than 17 years
In FL, a man will be considered the father of a child and require his consent for adoption when:
- He is married to the biological mother at the time of conception
- Affidavit of paternity is filed b4 the date of the termination of parental rights is filed
- He is on the BC b4 the date of the termination of parental rights is filed
- Previously adopted the minor child
- Timely filed an acknowledgement of paternity
- The court has determined the man to be the biological father before the mothe filed a petition to terminate parental rights.
In determining an award of alimony, the court must consider specific economic factors as well as factors that promote equity between the parties. Some of the economic factors include:
- financial resources of the parties,
- parties’ standard of living,
- Tax treatment and consequences of alimony on both parties,
- time it will take for a spouse to find employment or to complete any necessary education or job training,
- the future responsibilities each party will have with regard to any common minor children,
- ages and health of the parties, are 7. contributions to the marriage, and
- length of the marriage.
