Family Law MEE Rules Flashcards
Common law marriage
(1) capacity to enter into a marriage, (2) present agreement to be married, (3) cohabitation, (4) holding out as husband and wife.
Recognition of a marriage
A marriage valid under the law of the place in which it was contracted will be valid elsewhere unless it violates a strong public police of the state.
Custody determinations
Best interest of the child - wishes of the child/parents, mental and physical capacity of parties, adjustment of child in community, domestic violence, etc.
Custody modifications
Custody can be modified only if there is a substantial change in circumstances
Child support guidelines
All states employ numerical guidelines and ct will consider factors like income and earnings of parents, # of children, their ages, and any special needs.
Relocation of parent and child
Generally, a move sought in good faith that will serve the child’s best interest will ordinarily be approved.
Ct will balance benefits of move w/ impact on visitation by noncustodial parent.
Rights of parent against adoption
An involved parent who demonstrates a commitment to the responsibilities of parenthood will likely be able to successfully oppose an adoption petition.
Jurisdiction over property division
Ct must have jurisdiction over both plaintiff and defendant spouse.
Jurisdiction over divorce
Ct only needs jurisdiction over plaintiff spouse to grant a divorce.
Separate property
Includes property acquired before the marriage, an inheritance, or a gift to one party.
Marital property
Property acquired during the marriage.
Premarital agreement
Ct will enforce as long as it was (1) voluntarily made, (2) substantively fair, and (3) if full disclosure of assets and obligations was made.
Will not enforce premarital agreement regarding child custody or support if not in BIC.
Alimony/spousal support
Can be permanent or temporary. Ct must look at financial resources/needs of parties, marital contributions, and duration of marriage.
Some cts consider spousal misconduct.
Modification and termination of alimony
Modified = if ct finds there was been a substantial change in circumstances making prior award unreasonable.
Terminated = if a spouse remarries or dies, some states reduce or terminate if cohabitation.
Jurisdiction over child support order
The state that originally issued the order has continuing exclusive jurisdiction to modify that order if the state remains the residence of the obligee, child, or obligor, and at least one of the parties doesn’t consent to jurisdiction elsewhere.
Jurisdiction over child custody order
Home state test - state where child has lived w/parent for at least 6 consecutive months immediately before commencement of the proceeding has exclusive jurisdiction to modify a child custody order.
If no home state then state w/significant connections to child and at least one parent may exercise jurisdiction.
Who may marry?
(1) mutual consent, (2) mental capacity, (3) legal age or parent approval, (4) not married to anyone else, (5) not closely related.
No fault divorce
Allows unilateral decision by one spouse that marriage is irretrievable or irreconcilable difference.
Must be separated for 6+ months
Defenses to fault grounds for divorce
-Recrimination (aka dirty hands)
-Condonation (knowledge + forgiveness)
-Connivance (entrapment)
-Collusion
Temporary alimony
Maintains status quo for a definite period of time.
Permanent alimony
Ct considers (1) fault, (2) age/health, (3) education/earning capacity, (4) length of marriage, (5) whether custody affects ability to work.
Rehabilitative alimony
Awarded by ct to assist spouse in obtaining job or training.
Adoption requirements
(1) termination of biological parent’s rights, and (2) creation of a new parent-child relationship.
Biological parents must consent to adoption unless grounds for involuntary termination.
Ground for involuntary termination of parental rights
-Infliction of serious physical harm on child
-Abandonment
-Neglect
-Failure to provide support w/out justifiable cause
-Severe mental illness
