FL Family Law Flashcards
Which of the following marriages is VOIDABLE (not void) in Florida?
An incestuous marriage
A marriage involving a party who lacks mental capacity
A marriage involving a party who is currently married to another
A marriage based on fraud or misrepresentation
A marriage based on fraud or misrepresentation
Florida has _______________ common-law marriage
ABOLISHED
A postmarital agreement is not subject to the Statute of Frauds unless
It involves REAL PROPERTY
Which of the following is NOT subject to equitable distribution in Florida?
Professional licenses and degrees obtained during marriage
Retirement or pension benefits acquired during marriage
Proceeds of a personal injury claim meant to compensate for lost wages
Goodwill of a business developed during the marriage
Professional licenses and degrees obtained during marriage
Which of the following statements regarding modification of a parental responsibility order in Florida is FALSE?
There must be a substantial, and material change in circumstances.
Relocation over 50 miles requires a written agreement from the other parent or a court order.
The failure to pay child support is a basis to modify an existing parental responsibility order.
Past or future military deployment cannot be a factor in determining the best interests of the child.
The failure to pay child support is a basis to modify an existing parental responsibility order.
FILL IN THE BLANKS. Under the UCCJEA, a court has home-state jurisdiction if (i) the child lived in the state for at least _________________, or (ii) the state was the child’s home state and the child is now absent, but ______________________ continue(s) to live in the state.
six months; one of the parents
six months; both parents
one year; one of the parents
one year; both parents
six months; one of the parents
In order to involuntarily terminate parental rights, the court must find that grounds have been established _______________________________.
As more likely than not
By a preponderance of the evidence
By clear and convincing evidence
Beyond a reasonable doubt
By clear and convincing evidence
Under what circumstances may a party assert condonation as a DEFENSE to ANNULMENT of a marriage?
If (1) the spouse has KNOWLEDGE of the MISCONDUCT or DEFECT to the marriage;
(2) the spouse FORGIVES the MISCONDUCT or DEFECT;
AND
(3) the spouse RESUMES RELATIONS w/ the guilty spouse
If parties to a marriage have minor children of the marriage or a responding party denies that the marriage is irretrievably broken, what actions may a court take?
1) CONTINUE the PROCEEDINGS for a period (NOT TO EXCEED 3 MONTHS) for the parties to attempt reconciliation;
2) Order either party OR both parties to undergo COUNSELING;
OR
3) ORDER PARTIES to take ANY actions that the court feels may be in the BEST INTERESTS OF THE PARTIES AND THE MINOR CHILDREN
When does Florida provide a simplified procedure to dissolve a marriage in county court?
1) parties agree marriage is irretrievably broken;
2) there’s NO MINOR or DEPENDENT children of the marriage;
3) the Wife is NOT PREGNANT;
AND
4) parties have amicably divided all of their property, assets, debts
What are the three circumstances that result in a void marriage?
1) Prior existing marriage (Bigamy)
2) Mental Incapacity
– not capable of understanding nature of the act of marriage
– or not being age of consent/majority 18/yo or 17 w/ parent consent marrying someone not more than 2 yrs older
3) Incest (Consanguinity)
A judgment terminating parental rights pending adoption is __________ if the court finds that a person knowingly gave false information that prevented the parent from timely making known a desire to assume parental responsibilities toward the minor or from exercising her parental
rights.
This action must be brought no later than __________ after the entry of judgment.
voidable;
one year
In Florida, when a parent or other person who is entitled to access or time-sharing
with a child desires to relocate, that parent may be required to secure:
1) agreement of EVERY OTHER PERSON entitled to ACCESS TO or TIME-SHARING w/ the child;
OR
2) The COURT’S APPROVAL
TRUE or FALSE: The only defense to DIVORCE (not annulment) actions in Florida is a denial of the grounds.
TRUE.
Florida has abolished the defenses of condonation, collusion, recrimination, and laches for divorce actions.
Does an annulment affect the legal status of a child born of a void or voidable marriage?
Yes.
children born of a VOID or VOIDABLE marriage later annulled are NOT considered marital children,
except for probate purposes
When is the increase in value of nonmarital property during the marriage considered marital property?
(1) the increase is the result of the EFFORTS of EITHER SPOUSE
OR
(2) the increase results from the CONTRIBUTION of MARITAL FUNDS/or ASSETS
What interests are not subject to distribution as marital property?
– Professional licenses/degrees,
– FUTURE interests in property,
AND
– social security benefits
Florida permits a natural parent to receive, from the person contemplating adopting the child, payments not to exceed ___ , unless approved by the court, for living expenses and medical care during and for up to six weeks after the birth of the baby
$5,000
*Under the modern trend, when is marital misconduct of an adulterous party considered in alimony proceedings?
*FL applies this modern trend
When the adultery contributed to a DISSIPATION/DEPLETION of MARITAL ASSETS
OR
resulted in a NEGATIVE FINANCIAL IMPACT
Make sure to use the terms _____________ and ______________ instead of “visitation” and “custody”
“Parental Responsibility” and “Time Sharing”
What is *palimony?
*FL does not recognize Palimony between UNmarried Cohabitants
Support provided by one UNmarried cohabitant to another cohabitant after the dissolution of their relationship
When does a court has subject-matter jurisdiction to preside over custody hearings and to enter or modify custody or visitation orders?
When the state:
1) is the CHILD’S HOME state + has been the HOME state for a period of 6 months
OR
SINCE BIRTH, if the child is <6 months old;
OR
2) was the child’s home state in the PAST 6 MONTHS and the child is ABSENT from the state, BUT ONE parent (or guardian) continues TO LIVE IN THAT STATE
If a parent’s domestic violence resulted in a ________ conviction or higher, there is a rebuttable presumption that shared parental responsibility is detrimental to the child
First-degree misdemeanor
What are the (5) requirements for a relocation agreement?
It must:
1) Be IN WRITING;
2) SIGNED by the parent and the other persons;
3) REFLECT CONSENT to the relocation;
4) Describe an ACCESS or TIME-SHARING schedule for the NON-RELOCATING parent and any OTHER PERSON entitled to access or time-sharing;
AND
5) Describe–if necessary-ANY TRANSPORTATION ARRANGEMENT related to TIME-SHARING ACCESS
What factors does the court consider for equitable distribution?
“Lets Equitably Contribute”
– Length of the parties marriage;
– Economic circumstances of the parties;
– Contributions to the marriage by each party
What factors does the court consider for alimony?
“Husband and Wife go to the Standard Hotel to Contribute to the Duration of their Financial Resources”
– STANDARD OF LIVING during the marriage
– CONTRIBUTIONS to the Marriage by each party (e.g. child-rearing, age/health of parties, the children, any sources of income)
–DURATION of the Marriage
– FINANCIAL RESOURCES of each party
– *Martial Misconduct/Adultery if it resulted in dissipation of marital assets or negative financial impact
How does court get Personal Jx over the parties?
1) If they reside in the State
2) Divorce by Publication
What are the types of Alimony in FL?
1) Pendente Lite / Temporary Alimony (Pending Litigation) – normally given to allow spouse to be supported while divorce proceedings are going on.
– for time of separation until time that the marriage of parties is dissolved
2) Bridge-the-Gap: given to spouse to help transition from married life to single life for legitimate, short-term needs.
– doesn’t exceed 2 years
3) Rehabilitative Alimony: given to spouse to become self-sufficient such as allowing spouse to gain education/skills/training/employment
– last as long as the rehabilitation is needed to complete
– terminates when completed
4) Durational Alimony: given to parties for a set time that is based on the duration of the marriage
– short term 3-10 year marriage –> 50% of length
– medium term 10-20 year marriage –> 60% of length
– long term 20+ year marriage –> 75%
5) Permanent Alimony: given to parties for the remainder of dependent-spouse’s life unless certain circumstances occur for life needs and necessities during marriage for party who lacks financial means to support such needs.
– FL does not award Permanent Alimony but honors previous awards
Military Pensions/Retirement Plans are marital assets for the time:
of the plan increasing in value/accuring DURING the marriage
Amount prior to marriage is a non-marital asset
GROUNDS FOR DIVORCE
Florida is a ____________ state
No-Fault
One party only needs to claim the marriage is “irretrievably broken”
DISTRIBUTION OF PROPERTY
Florida is a ___________ state
Equitable Distribution state
Which of the following statements is FALSE regarding marriage in Florida?
Florida imposes a three-day waiting period between the application date and the effective date of the marriage license.
In Florida, a 16-year-old may marry with written consent of the minor’s parents.
In Florida, a judge, political official, or clergy member may solemnize a marriage.
Florida does not recognize proxy marriages.
In Florida, a 16-year-old may marry with written consent of the minor’s parents.
Which of the following is NOT an appropriate method for enforcing a child support order?
Garnishing wages
Suspending a professional license
Reducing time-sharing time
Seizing property and assets
Reducing time-sharing time
Which of the following is NOT strictly required for a premarital agreement to be enforceable in Florida?
The contents of the agreement are fair to both spouses.
The parties entered into the agreement voluntarily.
The agreement is in writing.
The contents were not unconscionable at the time of execution
The contents of the agreement are fair to both spouses.
Separation agreements are agreements by married parties made in contemplation of marriage.
These agreement may define
– property division,
– spousal support,
– child support,
– parental responsibility, and
– time-sharing
***However, an agreement may NOT adversely affect a child’s right to support or firmly determine responsibility and any provisions that do so are UNENFORCEABLE
A separation agreement may generally be merged into the final judgment for divorce, as long as
it is based on full and fair disclosure
Although a property settlement agreement and pre/postnuptial agreements are valid, they may NOT be used to
waive certain rights, such as temporary alimony (pendente lite) or child support
*If an agreement contains unenforceable provisions such as these, they are stricken from the agreement. However, the agreement is otherwise valid.
Once the judgment of dissolution has been entered, the property settlement agreement is
specifically enforceable and may NOT be modified by the court
What happens if a prenup or postnup waives temporary alimony or child support?
They are stricken from the agreement b/c they’re unenforceable
However, the agreement is otherwise valid
