Family Law Flashcards
Does a state that did not originally decide the divorce property-division have jurisdiction to modify the division?
Yes, as long as the second court has personal jurisdiction over both spouses (being served in the state is sufficient for PJ)
However, a property-division isn’t subject to modification
Are future royalties considered marital property?
Yes, significant spousal effort during marriage that enhances the value of a separate asset creates marital property (ex. if a significant portion of a novel is written during the marriage, regardless of whether the royalties will be obtained after marriage)
How can a custodial parent relocate with the child?
If they file a relocation petition made in good faith and not for the purpose of defeating the other parent’s visitation rights, and if the move is in the BIoC
Common Law Marriage
1) Capacity to enter into a marital contract, 2) a present agreement to be married, 3) cohabitation, and 4) holding out a marital relationship to the community
Cohabitation Agreements
Many states recognize these
Create property and support rights as long as they do not include the explicit exchange of money for sex, and usually must be in writing
Can alimony be reinstated after annulment?
Some courts allow, but most courts do not allow unless the equities strongly favor reinstatement
Can fraud be a basis for annulment?
Only if it goes to the essentials of the marriage (asset value, character, and social standing generally are not considered essential)
Marriage-Saving Doctrines
1) There is a rebuttable presumption that the latest in a series of marriages is valid (very strong presumption)
2) Uniform Marriage and Divorce Act: a bigamous marriage that becomes non-bigamous and where the couple continues to cohabitate are considered lawfully married
Can separate property be transformed into marital property?
Yes if marital funds or significant effort by the owner-spouse during the marriage enhances its value or builds equity (most states consider mortgage payments with marital income to transform the property)
What must a mediator in a settlement agreement do?
Must be impartial and disclose potential conflicts, required to explain the mediation process and make sure the parties have enough information to ensure informed decision making, must recognize and control a situation that would result in unfairness or prejudice, and may not coerce or improperly influence
Can an adoption order be dissolved?
Traditionally no, but some states will allow for dissolution in special circumstances (courts will look at the length of the relationship, the child’s needs, and the parent’s motives)
Can a temporary income reduction be enough to modify child support?
A temporary income reduction for training that will produce a future income gain can be a basis for modification but there usually must be a definite end point and must show it is done to assist the children
Can a parent terminate support to an employable child?
Yes, both married and divorced parents may terminate support to the child who disobeys reasonable parental commands
Permanent or long-term alimony
Rarely granted except in cases where the couple were married a long time and there is a significant, long-term gap between their economic prospects
Rehabilitative Alimony
If a state does not allow reimbursement alimony, this can be obtained but some states require the spouse to establish that they lack the capacity for self-support (most states now view self-support as only 1 factor of many)
