Family Law (MEE) Flashcards
1
Q
What are the two main requirements for a ceremonial marriage?
A
License and Solemnization (ceremony).
2
Q
What are the requirements to obtain a marriage license?
A
(1) Age Restriction (18+, or younger with parental/judicial approval). (2) Waiting Period. (3) Premarital Medical Testing (cannot be used to deny license). (4) Expiry Date.
3
Q
When will a marriage license be rejected?
A
(1) Bigamy (marriage to another person). (2) Incest (too closely related). (3) Sham marriage. (4) Incapacity to understand marriage act.
4
Q
Is same-sex marriage legal across all states?
A
Yes, same-sex couples can marry in every state, and all states must recognize these marriages.
5
Q
What are the requirements for solemnization in a ceremonial marriage?
A
Ceremony before two witnesses officiated by a judge, political official, or member of a religious organization. The ceremony can take any form.
6
Q
What is a common-law marriage?
A
A marriage without a ceremony or license, defined by the parties agreeing they are married, cohabiting, and holding themselves out as married. Most states have abolished it.
7
Q
What clause requires states to recognize common-law marriages from other states?
A
The Full Faith and Credit Clause.
8
Q
What are the methods to end a valid marriage?
A
Annulment, divorce, or death.
9
Q
What is the difference between a void and voidable marriage?
A
Void marriage is treated as if it never happened and doesn’t need judicial dissolution. Voidable marriage is valid until annulled by one spouse.
10
Q
What are common grounds for annulment of a voidable marriage?
A
(1) Age, (2) Impotence, (3) Intoxication, (4) Fraud/misrepresentation, (5) Coercion/force, (6) Lack of intent.
11
Q
What property rights exist in annulment cases?
A
Equitable distribution of property, potential spousal support, child support, custody, and related costs.
12
Q
What is the purpose of the Putative Marriage Doctrine?
A
To protect a party who, in good faith, believed their marriage was valid despite an impediment making it void or voidable.
13
Q
What are common grounds for no-fault divorce?
A
Irretrievable breakdown of the marriage or irreconcilable differences.
14
Q
What are examples of fault-based grounds for divorce?
A
Adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, indignity, institutionalization.
15
Q
What defenses exist for fault-based divorces?
A
Recrimination, connivance, condonation, collusion, provocation, insanity, consent, justification, religious objections (always fail).
16
Q
What are the two approaches to property division upon divorce?
A
Community property (equal division) and equitable distribution (fair but not necessarily equal).
17
Q
What property is typically excluded from marital property?
A
(1) Property acquired before marriage, (2) Gifts/inheritances, (3) Property excluded by agreement, (4) Property disposed before separation, (5) Pre-marriage awards/settlements.
18
Q
What factors influence equitable property distribution?
A
Length of marriage, prior marriages, age, health, earning potential, contributions to marital property, standard of living, economic circumstances, child custody, etc.
19
Q
What are the forms of spousal support?
A
(1) Lump sum, (2) Permanent alimony, (3) Limited duration, (4) Rehabilitative, (5) Reimbursement, (6) Palimony (rare).
20
Q
When can spousal support be modified?
A
Upon significant and continuing change in circumstances, e.g., death, remarriage, cohabitation, or retirement.
21
Q
What are the two types of child custody?
A
Legal custody (decision-making) and physical custody (living arrangements).
22
Q
What is the best interest of the child standard in custody cases?
A
Focuses on the child’s welfare, avoiding presumptions for either parent, and considers primary caretaker, sibling relationships, domestic violence, etc.
23
Q
What are the primary methods for enforcing child and spousal support awards?
A
Civil/criminal contempt, wage garnishment, property seizure, tax refund withholding, credit reporting, driver’s license suspension.
24
Q
What is a premarital agreement, and what makes it valid?
A
A contract made before marriage governing property and support. It must be voluntary, fair, reasonable, and involve full disclosure.
25
What is required for adoption to terminate a natural parent’s rights?
Voluntary consent or involuntary termination by court due to abuse, neglect, or abandonment.
26
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?
A law to prevent jurisdictional disputes in custody cases across states.
27
When does child support typically terminate?
At age 18 (majority), or earlier upon emancipation, marriage, military duty, or parental death. Some states extend it through college.
28
29
What is required for a valid marriage ceremony?
A ceremony performed by an authorized officiant with two witnesses present.
30
What is the waiting period for marriage licenses in most jurisdictions?
A short delay between issuance and the ceremony, often a few days.
31
Why might premarital medical testing be required?
To screen for communicable diseases, though results cannot bar marriage.
32
What is the age requirement for marriage without parental consent?
18 years old in most jurisdictions.
33
What is an 'Enoch Arden' statute?
It allows a new marriage to be valid if a spouse believed in good faith that the previous spouse was dead.
34
How do states treat sham marriages?
They are invalid because the parties lack intent to form a genuine marital relationship.
35
What is the purpose of annulment?
To declare a marriage invalid as if it never existed.
36
What is cohabitation's effect on common-law marriage recognition?
It supports the existence of a common-law marriage if accompanied by intent and public acknowledgment.
37
What are the defenses to an annulment for fraud?
Proving that the alleged fraud was immaterial or that the complaining party knew of the fraud.
38
What is the difference between civil and criminal contempt in family law?
Civil contempt enforces compliance with orders; criminal contempt punishes disobedience.
39
What is condonation in the context of fault-based divorce?
Forgiveness of a marital fault, such as adultery, often evidenced by resumption of marital relations.
40
What is recrimination in fault-based divorce?
A defense where the plaintiff is equally at fault in the marriage breakdown.
41
How is adultery proven in fault-based divorce?
By demonstrating opportunity and inclination through circumstantial evidence.
42
What constitutes cruelty in divorce cases?
Behavior harmful to physical or mental health, often requiring a pattern of abuse.
43
What is the 'no prospect of reconciliation' standard in no-fault divorce?
A declaration that the marriage is irretrievably broken without hope of repair.
44
What are the steps for modifying child custody arrangements?
Proving a substantial change in circumstances affecting the child's best interests.
45
How do courts handle custody disputes involving relocation?
They weigh factors such as the impact on the child, visitation, and reasons for moving.
46
What is the role of mediation in divorce proceedings?
To help parties resolve disputes on property, custody, or support outside of court.
47
What are the limits on child support private agreements?
Parents cannot negotiate terms that harm the child's welfare or basic needs.
48
What happens to marital property acquired post-separation?
It may be treated as separate property or marital property, depending on the state.
49
How do courts treat professional degrees in divorce cases?
They are not marital property but may affect spousal support or reimbursement awards.
50
What is goodwill in the context of divorce property division?
The reputation and value of a business or practice that can be divided as marital property.
51
What are the tax implications of spousal support?
Support payments may be taxable to the recipient and deductible to the payer under older tax rules.
52
What is a transmutation agreement?
An agreement that changes the character of property (e.g., separate to marital).
53
What is the purpose of a marital settlement agreement?
To resolve all financial and custody issues before divorce finalization.
54
How do courts handle disputes over frozen embryos?
They consider contracts, intent of parties, and whether embryos are property or persons.
55
What is the public policy on spousal agreements that waive child support?
They are unenforceable as they violate the child's rights.
56
What is the significance of the child’s primary caretaker in custody cases?
Courts often favor continuity of care provided by the primary caretaker.
57
What factors influence alimony awards in short-term marriages?
Primarily economic disparity and the need for rehabilitative support.
58
What is an irretrievable breakdown in divorce cases?
A situation where reconciliation is impossible, often sufficient for no-fault divorce.
59
What is the legal standard for granting temporary custody orders?
The best interests of the child, often based on stability and immediate needs.
60
What are the primary factors in calculating alimony?
Earning capacity, contributions to the marriage, and standard of living.
61
What is the impact of remarriage on alimony?
It usually terminates support unless specified otherwise in the decree.
62
What are domestic partnership agreements?
Contracts between unmarried couples outlining property and financial arrangements.
63
How does adoption affect inheritance rights?
The adopted child gains full inheritance rights from the adoptive parents, losing rights from biological parents.
64
What is the legal presumption for children born to unmarried parents?
They are non-marital children until paternity is established.
65
How do courts determine paternity?
Through DNA testing, acknowledgment, or evidence such as behavior and resemblance.
66
What is the standard for modifying child support?
A substantial and continuing change in circumstances affecting income or needs.
67
What are common penalties for failure to pay child support?
Wage garnishment, license suspension, and interception of tax refunds.
68
What is the impact of domestic violence on child custody?
Courts often favor the non-abusive parent and may restrict the abusive parent’s access.
69
What are de facto parents?
Individuals who have acted as a parent and may gain custody or visitation rights.
70
How do courts treat pensions in divorce?
Pensions earned during marriage are marital property and subject to division.
71
What is the significance of separate property appreciation?
If due to spousal labor, it may become marital property.
72
What are the requirements for modifying a custody order under the UCCJEA?
The court must determine a significant change in circumstances and child’s best interests.
73
What are the limits on parental rights in medical decisions?
Courts may intervene to ensure necessary medical care for the child's health.
74
What is a surrogate's legal status under a gestational agreement?
She is not the legal mother if the agreement is valid and approved.
75
How do courts handle disputes over embryos after divorce?
They assess agreements, intent, and state laws regarding embryo ownership.
76
What is the purpose of a prenuptial agreement?
To protect assets and set terms for property division and support before marriage.
77
When can an adoption be reversed?
Only in cases of fraud, duress, or undisclosed severe conditions before finalization.
78
What is the significance of equitable defenses in annulment cases?
They may prevent annulment in cases of voidable marriages.
79
What are the requirements for a ceremonial marriage?
License and solemnization (ceremony).
80
What is a sham marriage?
A marriage entered into for reasons other than a genuine marital relationship, such as immigration or financial benefits.
81
What is bigamy?
The act of marrying another person while already legally married to someone else.
82
What does the Full Faith and Credit Clause ensure in family law?
It ensures states recognize valid legal acts, such as marriages or custody orders, from other states.
83
What is required for a valid common-law marriage?
Agreement to be married, cohabitation, and public representation as a married couple.
84
Which marriages require no judicial dissolution?
Void marriages (e.g., bigamy, incest).
85
What does the Putative Marriage Doctrine protect?
It protects parties who enter a marriage in good faith despite a legal impediment.
86
What is required to modify spousal support?
A significant and continuing change in circumstances affecting either party.
87
What is permanent alimony?
Support payments awarded for the dependent spouse’s lifetime, usually in long-term marriages.
88
What is rehabilitative spousal support?
Temporary support to help a spouse gain skills or education to become self-sufficient.
89
What is palimony?
Support payments between unmarried cohabitants after the end of their relationship, recognized in limited states.
90
What are examples of non-marital property?
Property acquired before marriage, gifts, inheritances, and property excluded by agreement.
91
What is the significance of cohabitation in property division?
Cohabitation alone does not establish a common-law marriage but can affect equitable distribution.
92
What is the doctrine of divisible divorce?
Allows a court to grant a divorce without addressing property or support issues due to lack of jurisdiction.
93
What are the two main types of child custody?
Legal custody and physical custody.
94
What is joint physical custody?
Both parents share time with the child, though it may not be an equal 50/50 split.
95
What is the Income-Shares Model for child support?
It calculates support based on both parents’ incomes to maintain the child’s standard of living.
96
What is a guardian ad litem?
A court-appointed representative for a child’s best interests in legal proceedings.
97
What is the main factor in determining child custody?
The best interests of the child.
98
What is the UCCJEA?
The Uniform Child Custody Jurisdiction and Enforcement Act, which prevents jurisdictional disputes over custody.
99
What is home-state jurisdiction under the UCCJEA?
Jurisdiction where the child has lived for at least six months.
100
What is temporary emergency jurisdiction?
Jurisdiction invoked to protect a child in danger, even if the court lacks general authority.
101
When does child support typically end?
At age 18 or upon emancipation, marriage, military service, or death of the child.
102
What is the Melson Formula for child support?
A calculation method considering parental income, dependents, and living adjustments.
103
What is the primary purpose of child support?
To ensure the child’s financial needs are met, regardless of parental marital status.
104
What is significant-connection jurisdiction?
When the child and at least one parent have strong ties to the state, and substantial evidence is available there.
105
What is the standard for modifying a child custody order?
A substantial and unforeseen change in circumstances.
106
What is the purpose of spousal maintenance?
To support a dependent spouse financially post-divorce.
107
What is the marital presumption of paternity?
A child born to a married woman is presumed to be her husband’s child.
108
What is equitable distribution?
The fair (but not necessarily equal) division of marital property upon divorce.
109
What is the difference between marital and non-marital property?
Marital property is acquired during the marriage; non-marital includes gifts, inheritances, and pre-marriage assets.
110
What is the purpose of a premarital agreement?
To set terms for property division and support in the event of divorce or death.
111
What makes a premarital agreement enforceable?
Full disclosure, fairness, voluntariness, and being in writing.
112
When can a marital agreement be invalidated?
If entered under fraud, duress, coercion, or without proper disclosure.
113
What is a separation agreement?
An agreement between spouses planning for divorce, addressing property, support, and custody.
114
What factors influence equitable property distribution?
Length of marriage, contributions, age, health, earning potential, and standard of living.
115
What is the Putative Father Registry?
A system for identifying and notifying unwed fathers about adoption proceedings.
116
What is the Uniform Interstate Family Support Act (UIFSA)?
A law to enforce child and spousal support across state lines.
117
What are examples of marital misconduct affecting spousal support?
Adultery, abuse, or financial recklessness during the marriage.
118
When does spousal support terminate?
Upon death of either party, remarriage of the recipient, or significant cohabitation.
119
What are the primary forms of child custody?
Sole custody, joint custody, legal custody, and physical custody.
120
What is the best interest of the child standard?
A guideline focusing on the child’s welfare, safety, and emotional needs.
121
What are common grounds for annulment?
Fraud, duress, incapacity, lack of intent, bigamy, or incest.
122
What is a void marriage?
A marriage invalid from the beginning, such as bigamy or incest.
123
What is a voidable marriage?
A valid marriage that can be annulled under specific conditions, like fraud or incapacity.
124
What are examples of defenses to fault-based divorce?
Recrimination, condonation, connivance, collusion, or justification.
125
What is the role of domestic violence in custody decisions?
It can create a presumption against custody for the abusive parent in some jurisdictions.
126
What is the purpose of adoption?
To legally establish a new parent-child relationship, terminating the biological parents’ rights.
127
When can adoption be dissolved?
Only in limited cases, such as fraud or undisclosed severe mental/physical conditions.
128
What are the requirements for a gestational surrogacy agreement?
Voluntary participation, healthcare provisions, and reasonable compensation.
129
What are the two types of marital agreements?
Premarital agreements and separation agreements.
130
What is required for a premarital agreement to be enforceable?
(1) Full disclosure, (2) Fair and reasonable terms, (3) Voluntariness, (4) Written and signed by the parties.
131
What are examples of unconscionable premarital agreements?
Agreements that lack fair disclosure and leave one party woefully impoverished.
132
What is the marital presumption regarding paternity?
A child born to a married woman is presumed to be the child of her husband.
133
What is the doctrine of equitable estoppel in paternity cases?
A man who has represented himself as a child’s father and acted accordingly may be required to pay support.
134
What is the purpose of the Uniform Interstate Family Support Act (UIFSA)?
To provide a mechanism for enforcing child and spousal support across state lines.
135
What are the three models for calculating child support?
(1) Income-Shares Model, (2) Percentage-of-Income Model, (3) Melson Formula.
136
When can child custody orders be modified?
When there is a substantial and unforeseen change in circumstances.
137
What is the difference between legal custody and physical custody?
Legal custody involves decision-making rights; physical custody determines where the child resides.
138
What is joint custody?
Both parents share decision-making and/or physical custody, requiring cooperation.
139
What are the main factors in the best interests of the child standard?
Child’s welfare, primary caretaker, domestic violence, sibling relationships, and the child’s preference.
140
What factors will courts consider in child custody relocation cases?
(1) Nature of relationships, (2) Age/needs of child, (3) Impact on visitation, (4) Child’s preference.
141
What is the divisible divorce doctrine?
A court can grant divorce but lack jurisdiction for property division, alimony, or child support.
142
What is a common defense against annulment for a voidable marriage?
Equitable defenses such as unclean hands, laches, or estoppel.
143
What is spousal maintenance (alimony)?
A financial obligation for one spouse to support the other post-divorce.
144
What are the key factors in determining spousal maintenance?
Financial resources, standard of living, time needed for employment, marriage length, age, health, and misconduct.
145
When does spousal support typically end?
Upon the death of either party, remarriage of the receiving spouse, or cohabitation.
146
What are the two methods for dividing marital property?
Community property (equal division) and equitable distribution (fair division).
147
What is community property?
A system in which marital property is divided equally between spouses.
148
What is equitable distribution?
A method to fairly distribute marital property, which may not be equal.
149
What is separate property?
Property not subject to division, such as pre-marriage assets, gifts, or inheritance.
150
What factors affect the distribution of marital property?
Length of marriage, contributions to property, health, age, earning potential, standard of living, etc.
151
What is the difference between marital and separate property?
Marital property is acquired during marriage; separate property includes pre-marriage assets or gifts.
152
What are the requirements for common-law marriage?
(1) Agreement to be married, (2) Cohabitation, (3) Holding out as married.
153
How does the Full Faith and Credit Clause relate to common-law marriage?
It requires states to recognize common-law marriages from other jurisdictions.
154
What is a putative marriage?
A marriage entered into in good faith by at least one party, despite a legal impediment.
155
What are the consequences of a void marriage?
It is treated as if it never existed and requires no judicial dissolution.
156
What is a voidable marriage?
A valid marriage until one spouse seeks to have it annulled.
157
What are the common grounds for annulment?
Age, impotence, intoxication, fraud, duress, lack of intent.
158
What is the purpose of the UCCJEA?
To prevent jurisdictional disputes in child custody cases across states.
159
What is home-state jurisdiction under the UCCJEA?
The child has lived in the state for six months or since birth.
160
What is significant-connection jurisdiction under the UCCJEA?
The child and parent have significant ties to the state and substantial evidence exists there.
161
What is temporary emergency jurisdiction under the UCCJEA?
A court may act if the child is in danger and requires immediate protection.
162
What are the methods to enforce child support orders?
Civil/criminal contempt, wage garnishment, tax refund interception, driver’s license suspension.
163
What is the role of a guardian ad litem in custody cases?
To represent the best interests of the child.
164
What is the parental obligation to support children?
Both parents must support their minor children, regardless of marital status.
165
What are the main factors courts consider for child support awards?
Income, age, unusual needs, parental obligations, and medical expenses.
166
What is the marital presumption for artificial insemination?
If the husband consents, the child is presumed to be his.
167
What is a separation agreement?
An agreement between spouses planning for divorce, covering property, support, and custody.
168
When can spousal support orders be modified?
Upon a significant and continuing change in circumstances.
169
What is a premarital agreement?
A contract entered into before marriage, usually regarding property and support.
170
What is the enforceability test for premarital agreements?
Voluntary, fair/reasonable, full disclosure, and written.
171
When does child support typically terminate?
At age 18, emancipation, marriage, or death of the child.
172
What is the legal effect of adoption?
Adoptive parents assume all rights/responsibilities; biological parents’ rights terminate.
173
What is parental emancipation?
When a child is self-supporting and no longer under parental control.
174
What is the purpose of the Putative Father Registry?
To identify and locate putative fathers for adoption proceedings.
175
When can a parent’s consent for adoption be withdrawn?
Before the final decree of adoption, with court approval.
176
What are the legal effects of cohabitation on spousal support?
May reduce or terminate support if the dependent spouse's need decreases.
177
What is required to establish a valid gestational agreement?
Voluntary consent, medical care provision, and reasonable consideration for the gestational mother.
