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Domestic Relations > Marriage > Flashcards

Marriage Flashcards

1
Q

What are the 2 types of marriages?

A
  1. Ceremonial; and

2. Common-law marriage

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2
Q

What are the two requirements for Ceremonial marriage?

A

License and Solemnization

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3
Q

What is the requirement for solemnization?

A

Ceremony must be performed in front of 2 or more witnesses AND the officiant

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4
Q

What are the 3 license requirements in a ceremonial marriage?

A
  1. Capacity
  2. Consent
  3. Compliance
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5
Q

What is the waiting period between the date of application and the issuance of a marriage license?

A

3 days

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6
Q

How long do you have between obtaining a license and solemnization?

A

33 days

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7
Q

Is medical testing required in Michigan?

A

No

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8
Q

Pursuant to Michigan law, what must parties receive in written materials regarding medical conditions?

A

Veneral diseases and HIV

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9
Q

What are the 6 circumstances where a marriage license will not be issued?

A
  1. One party is married to someone else;
  2. The parties are too closely related;
  3. The marriage is a sham;
  4. The parties are incapable of understanding the nature of the act;
  5. One or both parties is under the influence of drugs/alcohol; or
  6. A party lacks consent due to duress or fraud
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10
Q

What are the 3 requirements for Common-law Marriage?

A
  1. Parties agree they are married;
  2. Parties cohabit as married spouses; and
  3. Parties hold themselves out to the public as married
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11
Q

Are Common-law Marriages recognized in Michigan?

A

No unless contracted before abolishment in 1957

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12
Q

Will Michigan recognize a common-law marriage that is valid under the law of a different state?

A

Yes

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13
Q

Does Michigan recognize a Heart balm action?

A

No

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14
Q

Annulment

A

Voids a marriage and declares it as having never been valid

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15
Q

Difference between void marriage and voidable marriage?

A
  1. Void= treated as if the marriage never happened

2. Voidable= valid until a judicial decree dissolves the marriage

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16
Q

What are the 3 grounds for a void marriage?

A
  1. Prior existing marriage at the time of the subsequent marriage;
  2. Incest; and
  3. Mental incapacity
17
Q

What are Michigan’s rules on incest marriage?

A

Void up to two generations and between first cousins

18
Q

What are grounds for a voidable marriage?

A

Age, impotence, intoxication, fraud, duress, coercion, etc.

19
Q

May a party request equitable distribution of property after the dissolution of an annulment?

A

Yes

20
Q

Is Michigan a No-Fault or Fault jurisdiction for Divorce?

A

No Fault

21
Q

No-Fault Marriage

A

Marriage is irretrievably broken and no prospect for reconciliation - NO requirement for a reason to divorce

22
Q

What is the requirement for a divorce in Michigan?

A

One party must have resided in MI for 180 days immediately preceding the filing of the complaint

23
Q

How is property divided after a divorce?

A

By equitable distribution

24
Q

Equitable Distribution

A

Fair distribution of marital property

25
Q

What is marital property?

A

All property acquired during or by reason of the marriage

26
Q

Is title to the property material in equitable division?

A

No

27
Q

If an account is actively managed, how is it treated in the division of marital property?

A

The appreciation in interest and of the marital home is divided

28
Q

What 6 things AREN’T marital property?

A
  1. Property acquired before the marriage;
  2. Property excluded by the parties’ valid agreement;
  3. Property acquired by gift or inheritance;
  4. Property sold/granted/conveyed in good faith and for value before the date of separation;
  5. Property mortgaged/encumbered in good faith and for value before the date of separation; and
  6. Any award/settlement accrued before the marriage
29
Q

Is a gift exchanged between spouse considered non-marital property?

A

No

30
Q

What are some factors considered in the distribution of marital property?

A

Length of marriage; prior marriages; age; health; earnings; needs; contributions to education; medical needs; income; circumstances

31
Q

Is a professional license or degree considered marital property?

A

Yes

32
Q

Are retirement benefits considered marital property?

A

Yes if acquired during the marriage

33
Q

Are future interests considered marital property?

A

No

34
Q

Are social security benefits marital property?

A

No

35
Q

Can you tax transfer of property between divorcing spouses?

A

No

Domestic Relations (6 decks)

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