Family Law

Question 1

Ceremonial Marriage requires

Answer 1

License, Capacity, and Solemnization (ceremony)

Question 2

Common Law Marriage requires

Answer 2

(i) an exchange of consents between two people, (ii) cohabitation, and (iii) holding themselves out publicly as living together as spouses.

Each party must consent to the marriage relationship, an agreement merely to cohabit is not sufficient.

Question 3

Marriages are void for what three things?

Answer 3

Prior existing marriages, Incest, and mental incapacity at the time of marriage

Question 4

Marriages are voidable for?

Answer 4

Age, impotence, intoxication, fraud, duress, or lack of intent

Question 5

Are children of an anulled marriage considered marital children?

Answer 5

Yes

Question 6

Putative marriage doctrine allows what?

Answer 6

A party of a ceremonial marriage who believed in good faith that the marriage is valid to use a state’s divorce provisions if the marriage is later found to be void

Question 7

What are the seven grounds for at fault divorce?

Answer 7

Adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, institutionalization for insanity

Question 8

What defenses are available to at fault divorce?

Answer 8

Many: recrimination, unclean hands, connivance, condonation, collusion, provocation, insanity, consent, justification, religion

Question 9

Nonmarital property includes?

Answer 9

Property acquired before the marriage, property excluded by the parties valid agreement, property acquired by gift or inheritance, and awards or settlements for causes of action accruing before the marriage

Question 10

What types of alimony (spousal maintenance) are there?

Answer 10

Lump sum, permanent (long marriage), limited duration (short marriage), rehabilitative (improve earning capcity), reimbursement (rarely granted).

Question 11

Can visitation rights be denied for nonpayment of child support?

Answer 11

No

Question 12

Can nonmarital children inherit from their father’s estate?

Answer 12

Yes, if paternity was proven prior to the fathers death, the father adopted the child, the father holds himself out as the father

Question 13

A husband can be estopped from denying his obligation to pay child support for his wife’s non-biological child when?

Answer 13

There is a representation that he would provide, the wife relied on this representation, and the wife would suffer economic detriment if he did not.

Question 14

Courts have personal jurisdiction over out of state parents for child support by?

Answer 14

The long-arm provision of the Uniform Interstate Family Support Act

Question 15

What does a child receive under the income-shares model?

Answer 15

The same proportion of parental income as if the parties continued to live togeter

Question 16

When can child support be modified?

Answer 16

There is a substantial change in circumstances

Question 17

When can child support be terminated?

Answer 17

Emancipation, child marries, or death

Question 18

What courts have jurisdiction to modify child support?

Answer 18

The court that rendered the order if that court has continuing jurisdiction, otherwise a state where there is a significant connection.

Question 19

Under the Uniform Child Custody Jurisdiction and Enforcement Act, what courts have jurisdiction to enter, modify custody or visitation orders?

Answer 19

Home state first, significant connection, default jurisdiction.

Question 20

What is the standard for determining child custody?

Answer 20

Best interest and welfare of the child.

Question 21

When does an unwed biological father have a right to contact with his child?

Answer 21

When he demonstrates a commitment to the responsibilities of parenthood

Question 22

When can a parents religious beliefs be overriden by a court for medical care?

Answer 22

When necessary to prevent serious harm to the child

Question 23

What can a separation agreement define?

Answer 23

Property divsion, spousal support, child support, custody, and visitation

Question 24

Premarital agreements are enforceable if?

Answer 24

There is full disclosure of finances, the agreement is fair and reasonable, and the agreement is voluntary. (also in writing and signed by party to be charged)

Question 25

Are provisions of a premarital agreement preventing modification of child support enforceable?

Answer 25

No

Question 26

Are provisions of a premarital agreement preventing modification of property rights and spousal support enforceable?

Answer 26

Yes

Question 27

Under the adoption and Safe Families Act, when can a state move to terminate parental rights?

Answer 27

When the child has been outside of the home and not with a relative for 15 of the past 22 months and reunification attempts have been provided

Question 28

What courts have jurisdiction for divorce and alimony?

Answer 28

Ones with personal and subject matter jx

Question 29

The state may intervene and terminate parental rights when…

Answer 29

it is in the best interests of the child. Grounds for termination include failure to support.

Question 30

What are the factors in equitable distribution

Answer 30

Some of the relevant factors in this case include the length of the marriage, the age, health, earning potential, and needs of both spouses, the value of separate property, the spouses’ standard of living, and economic circumstances of each spouse at the time of divorce.

Question 31

When is a PMA enforceable

Answer 31

In many states, a premarital agreement is enforceable if there has been full disclosure, the agreement is fair and reasonable, and it is voluntary. However, under the UPAA, which applies here, the party against whom enforcement is sought must prove (1) involuntariness or (2) both unconscionability at the time of execution and lack of disclosure and adequate knowledge of the other’s assets and obligations.

Question 32

Is appreciation during the marriage of nonmarital property subject to equitable distribution?

Answer 32

Whether the appreciation in nonmarital property will be subject to equitable distribution will depend on whether the appreciation can be attributable to spousal labor.

Question 33

The court will generally enforce separation agreements unless

Answer 33

it is unconscionable (substantively, but procedural indicates substantive(i think) or based on fraud.

Question 34

A court has subject matter jurisdiction to preside over custody hearings and either enter or modify custody or visitation orders if the state is:

Answer 34

(i) the child’s home state and has been the home state for a period of six months; or (ii) was the child’s home state in the past six months and the child is absent from the state, but one of the parents (or guardians) continues to live in the state.

Question 35

A court can enter or modify an order if

Answer 35

(i) no other state has or accepts home state jurisdiction, (ii) the child and at least one parent have a significant connection with the state, and (iii) there is substantial evidence in the state concerning the child’s care, protection, training and personal relationships.

Question 36

The Supreme Court has held that a fit parent has a fundamental right to

Answer 36

the care, custody, and control of his children and state courts must give “special weight” to a fit parent’s decisions on care, custody, and control.

Question 37

Separation agreements can be invalidated, in whole or in part, if the court makes a finding of

Answer 37

fraud or unconscionability

Question 38

What are the state of mind requirements to marry?

Answer 38

Mental capacity (must understand their actions and agree to them) and intent (must be free from fraud, duress, coercion, or other force to induce).

Question 39

What is adoption?

Answer 39

A legal proceeding whereby the legal relationship between biological parents and their child is terminated and a new relationship of parent and child is established between the child and his new adoptive parents.

Adoption is purely statutory.

Question 40

What is required for an adoption to be valid?

Answer 40

Termination of the biological parents’ rights and creation of a new legal parent-child relationship.