Family Law

Question 1

Requirements for Valid Marriage

Answer 1

Mental Capacity
Neither Party Can be Married to Someone Else
Age:  18 w/o consent
Incest Provisions
Consent:  Knowing and Voluntary
Different Sex
Procedural 
Solemnized

Question 2

Common Law Marriage

Answer 2

Cohabitation
Reputation
Intent to be married
–Time not required

Question 3

Annulment

Answer 3

Process used to have a marriage declared invalid
- void OR voidable
EFFECT: no rights under divorce statute

Question 4

Doctrine of Necessaries

Answer 4

Can go after spouse for debts, where spouse failed to provide benefit (health care)

Question 5

Legal Separation

Answer 5

Legal Proceeding that determines property rights and the custody of children. DOES NOT terminate marriage

Question 6

Types of Contested Divorces

Answer 6

Adultery
Unreasonable Behavior
Abandonment
Voluntary separation
Involuntary separation

Question 7

Is Divorce and or Marriage granted full faith and Credit?

Answer 7

Divorce ONLY

Question 8

Factors in Property Division

Answer 8

1. Economic Circumstances (need)
2. Contribution (includes homemaker service)
3. Value of Separate Property
4. Duration of Marriage

Question 9

Factors for Awarding Alimony

Answer 9

1. Financial Resources of EACH Party
2. Employability
3. Standard of Living
4. Duration of Marriage

Question 10

Modification of Maintenance/Child Support

Answer 10

Substantial and continuing changed circumstances that make original order unreasonable

Question 11

Child Support

Answer 11

1. Needs of Child
2. Resources of Parents
3. Standard of Living child would have enjoyed if marriage remained intact
   - Amt set according to state guidelines is the presumptive amount ct will order, unless parent asks for different amt on basis Unjust/Inappropriate/Best interests of the child

Question 12

UIFSA

Answer 12

Enforces child support obligation across state lines

Question 13

UCCJEA

Answer 13

Child Custody:

• Home State (six months prior)
• Extended Home State (6 mos used to live and a parent still lives there
• Significant Connection

Modification:
State that granted the order will have Continuing Exclusive Jurisdiction

Question 14

Best Interests of the Child

Answer 14

1. Childs wishes
2. Parent’s wishes
3. Mental/Physical health of child/parents
4. Continuing relationship w/both parents

Question 15

Reasons to Modify Custody

Answer 15

1. Changed Circumstances
   - Breakdown of Joint Custody
   - Facts Previously not considered
2. Governed by PKPA-preference for home state, given full faith and credit
3. Enforced by Contempt, Tort Liability

Question 16

Uniform Premarital Agreement Act UPPA

Answer 16

1. Voluntary
2. Not unconscionable OR full disclosure
   a. Actual - financial statement
   b. Waiver of disclosure
   c. General knowledge of extent of property
3. Unconscionable only if no disclosure/waiver

Question 17

Adoption

Answer 17

1. Consent of Biological Parents
2. Consent of Adoptee (if old enough)
3. Time of Consent (must wait 12-72hrs)
4. Withdrawal of Consent (timely)
5. Guardian Ad Litem (appt required to ensure best interests of the child)
6. Investigation, Accounting, and Court Approval