Family Law

Question 1

17 year old may marry if…

Answer 1

1. Parent or legal guardian give written consent; and

2. Other party is no more than 2 years older than the minor.

Question 2

What is the waiting period to get married

Answer 2

3 days b/w license application date and effective date of the license

Question 3

How can you waive the waiting period and lower the marriage license fee?

Answer 3

Premarital preparation course

Question 4

What are the 2 things you need to get married

Answer 4

1. License

2. Solemnization (ceremony) by judge, political official, or member of clergy

Question 5

Although C.L. Marriage is not recognized in FL, how can someone be CL married?

Answer 5

1. Couple agrees they are married;
2. Cohabit as married couple
3. Hold themselves out to the public as married
4. Need mental capacity
5. Intent “(say things like “we are married” not “we are gonna get married”)

Question 6

The only common law marriage that is recognized as fully valid Fl marriages are those that were commenced prior to ____

Answer 6

1968

Question 7

What does it mean that a marriage is “voidable”

Answer 7

It’s valid until a judicial decree dissolves the marriage

Question 8

What are some voidable marriages?

Answer 8

Incest, age, impotence, intoxication, fraud, duress, lack of intent

Question 9

How is property distributed after annulment?

Answer 9

<>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

Question 10

Grounds for divorce in FL

Answer 10

1. Irretreiveably broken

2. Mental incapacity for at least 3 yrs

Question 11

How to get SMJ for Family Court

Answer 11

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

Question 12

What is needed to get a simplified divorce in county court?

Answer 12

1. Parties agree marriage is irretrievebly broken
2. No minors or defendants
3. Wife not pregnant
4. Parties will amicably divide all assets/debts

Question 13

Premarital agreement (pre-nup) is valid if:

Answer 13

1. Full disclosure of financial status of each party at the time of execution
2. Agreement is fair and reasonable
3. Agreement is voluntary
4. Agreement does not leave one spouse woefully impoverished
5. Must be in writing and signed by the party to be charged.

Question 14

What is nonmarital property

Answer 14

Separate property such as

1. Prop acquired before marriage
2. Prop excluded by parties valid agreement
3. Prop acquired by gift or inheritance
4. Prop or income derived from nonmarital assets

Question 15

What is bridge the gap alimony

Answer 15

<> 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

Question 16

Rehabilatative Alimony

Answer 16

<> 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

Question 17

Permanent Alimony

Answer 17

<> 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

Question 18

Durational Alimony

Answer 18

<> 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

Question 19

What is Pendente Lite alimony

Answer 19

<> 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

Question 20

Length of short term marriage

Answer 20

Less than 7 years

Question 21

Length of moderate term marriage

Answer 21

More than 7, less then 17

Question 22

Long term marriage

Answer 22

More than 17 years

Question 23

In FL, a man will be considered the father of a child and require his consent for adoption when:

Answer 23

1. He is married to the biological mother at the time of conception
2. Affidavit of paternity is filed b4 the date of the termination of parental rights is filed
3. He is on the BC b4 the date of the termination of parental rights is filed
4. Previously adopted the minor child
5. Timely filed an acknowledgement of paternity
6. The court has determined the man to be the biological father before the mothe filed a petition to terminate parental rights.

Question 24

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:

Answer 24

1. financial resources of the parties,
2. parties’ standard of living,
3. Tax treatment and consequences of alimony on both parties,
4. time it will take for a spouse to find employment or to complete any necessary education or job training,
5. the future responsibilities each party will have with regard to any common minor children,
6. ages and health of the parties, are 7. contributions to the marriage, and
7. length of the marriage.

Question 25

When making the determination of what is in the child’s best interests, in regard to which parent should be the primary residential parent, the court should consider numerous factors, including:

Answer 25

1. ability of each parent to provide the child’s basic needs;
2. physical and mental health of the parents; 3. the moral fitness of the parents;
3. willingness to promote a relationship with the other parent;
4. continuity in the life of the child;
5. who held the role of the primary caretaker of the child both before and during the litigation;
6. the wishes of the child, depending on his level of maturity;
7. the geographic location of each parent;
8. any domestic violence b/w parents;
   10 any evidence of child abuse; and
9. ability of each parent to protect child from the litigation.

Question 26

When one spouse contests that the marriage is irretrievably broken, the court may_____

Answer 26

1. continue the proceedings for a period of up to 3 months in order for reconciliation to be attempted,
   Or
2. order the parties to undergo counseling, or
3. order any action that the court finds to be in the best interests of the parties.

Question 27

In Florida, a guardian may file a divorce action on behalf of an incompetent spouse as long as the guardian seeks what?

Answer 27

The court’s permission.
Also, for the court to permit a guardian to file for divorce it also needs the incompetent person’s spouse consent to the dissolution.

Question 28

What is a pre-nup and what do you need for it to be valid?

Answer 28

<> A K made b4 marriage w/terms RE: division of propand/or alimony in case of divorce.
<> Marriage is the consideration for the K.
<> Needs full disclosure,
<> must be fair, reasonable, and voluntary.

Question 29

In determining reasonableness, the court will consider:

Answer 29

The ages of the parties, their wealth, and their health. Was there undue influence? Duress? Fraud?

Question 30

What is Special Equity?

Answer 30

A vested interest acquired by a spouse bcuz of contribution of funds, services, or property made beyond the performance of normal marital duties.
<> Usually is a request for unequal distribution.
<> Abolished in Florida.

Question 31

How is equitable distribution determined?

Answer 31

<> Doesnt necessarily mean an equal division of the marital prop.
<> Court has broad discretion and may divide the prop w/o consideration of whether alimony will be awarded.
<> may award a cash payment as a part of the equitable distribution award.
FACTORS=
1. Economic circumstances of each spouse,
2. length of the marriage,
3. contribution of one spouse to the education of the other,
4. contribution of each spouse to the marriage, and
5. any other factors that the court finds necessary and just.

Question 32

What is marital property

Answer 32

<> All prop acquired during marriage
<> The increase in value of all nonmarital property during the marriage as a result of:
-the efforts of either spouse or
-from the contribution of marital funds or - marital assets