Introduction

Question 1

Premarital Agreement Checklist

Answer 1

1. Consideration
2. Statute of Frauds
3. Content of Contract
4. Amendment or Revocation
5. Enforcement by Courts
6. Property Rights vs. Alimony

Question 2

Elements for a Valid Formal Marriage

Answer 2

1. Mutual Consent
2. Mental Capacity
3. Age of the Parties
4. State Statutory Requirements and Restrictions:

Consanguinity
Marriage Solemnized by Unauthorized Person
Formalities

Question 3

Domestic Partnership

Answer 3

1. Rights and Duties of Domestic Partners
2. Solemnization Ceremony Not Required
3. Religious Freedom Provision

Question 4

Putative Spouse Doctrine

Answer 4

A putative spouse is person who has cohabited with another to whom he is not legally married in the good faith belief that he was married to that person. It is a marriage entered into in good faith, but invalid due to a legal flaw, such as the existence of a prior marriage.

Question 5

Enoch Arden Statute

Answer 5

A legal precedent in the United States that grants a divorce or a legal exemption so that a person can remarry, if his or her spouse has been absent without explanation for a certain number of years, typically seven. After seven years the missing spouse can be declared legally dead.

Question 6

Annulment

Answer 6

Judicial declaration that a marriage was never valid because of some defect, disability, or prohibition.

Question 7

Basis for Court

Answer 7

Place of Celebration
Domicile of Plaintiff
Mere Residence

Question 8

Void Marriages

Answer 8

Consanguinity

Bigamy

Question 9

Voidable Marriages

Answer 9

Mental Incapacity
Intoxication
Mistake
Duress
Fraud
Nonage

Question 10

Possible Grounds for Annulment for Fraud

Answer 10

Representations/Unfulfilled Promises Regarding Religion
Concealment of a Venereal Disease
Secret Intent Not to Have Children
Secret Intent Not to Have Sexual Relations
Secret Intent Not to Cohabit
Concealment of Prior Mental Conditions
Concealment of Impotency
Concealment of Premarital Unchastity
Concealment of Prenuptial Pregnancy

Question 11

Grounds for Divorce

Answer 11

1. Insanity
2. Separation
3. Incompatibility

Question 12

Alimony

Answer 12

Money Awarded to One Spouse at Divorce for that Spouse’s Continued Support.

Question 13

Enforcement of Alimony Decree

Answer 13

Collection Remedies

Contempt Remedies

Question 14

State Enforcement of Child Support

Answer 14

Money Judgment Remedies
Assistance of District Attorney
Homestead Exemption Not Available
Enforcement by Child
Penalty for Delinquent Payments
Judgment for Arrearages

Question 15

Federal Child Support Enforcement Methods

Answer 15

a. Interception of Tax Refunds
b. Child Support Recovery Act
c. Full Faith and Credit for Child Support Orders Act

Question 16

Uniform Interstate Family Support Act

Answer 16

Jurisdiction—Home State Controls

Enforcement of a Support Order: Direct Enforcement via Income Withholding or Registration of Support Order or Income-Withholding Order

Question 17

Uniform Child Custody Jurisdiction and Enforcement Act

Answer 17

Purposes—To Avoid Jurisdictional Disputes and Strengthen Enforcement Procedures

Primary Test—Home State Jurisdiction
No Home State—Significant Connection and Substantial Evidence Available

Exclusive Continuing Jurisdiction unless Inconvenient Forum or Party’s Unjustifiable Conduct.

Enforcement of Another State’s Order: Registration of Order, Expedited Enforcement in Habeas-Type Proceeding, then Warrant to Take Physical Custody of Child and return to correct parent.