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Family Law > Marriage > Flashcards

Marriage Flashcards

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1
Q

What are the 5 elements to a marriage contract?

A
  1. Consenting Parties
  2. written evidence of promise to marry signed by D or 2 disinterested witnesses
  3. P’s testimony must be corroborated
  4. 1 year statute of limitation
  5. abates on death of either party
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2
Q

Name the 3 mandatory (and 4th voidable) requirements for a valid TN marriage

A
  1. marriage license
  2. ceremony w/authorized officiant
  3. parties who aren’t of same gender, related by blood, or already married
  4. at least 18, 16+ with parental consent, or under 16 with court approval
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3
Q

To which kind of situations does a marriage by estoppel not apply (2 situations)?

A
  1. a non-innocent party

2. victim of a bigamous marriage

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4
Q

A _____________ ________________ will be found by the court in order to provide some financial relief to an economically dependent cohabitant when a partner dies

A

Implied Partnership

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5
Q

When is an annulment available?

A

For a void or voidable marriage

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6
Q

What makes a marriage void (4 things)?

A
  1. bigamy
  2. blood kinship
  3. adjudicated mental incompetence
  4. same sex
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7
Q

What makes a marriage voidable (6 things)

A
  1. underage
  2. incurable physical impotence
  3. mental disability
  4. mistake as to nature of ceremony
  5. fraud going to the essence of the marriage
  6. wife’s pregnancy by another man w/o husband’s knowledge
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8
Q

What kind of action is a divorce action?

A

In rem action

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9
Q

Which courts have concurrent jurisdiction to hear a divorce?

A
  1. Circuit
  2. Chancery
  3. sometimes juvenile
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10
Q

When does a TN court have jurisdiction to hear a divorce case?

A
  1. when one spouse is domiciled in TN
  2. if grounds committed outside of state, and P was not domiciled in TN at the time, then either P or D must reside in TN for 6 months
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11
Q

Which venue is appropriate?

A
  1. county where D resides OR
  2. county where parties resided at time of separation OR
  3. if D is non-resident, the county of the P’s resident
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12
Q

When is mediation required in a divorce?

A

In every case, for completion within 180 days UNLESS there was domestic abuse or “certain irreconcilable differences”

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13
Q

How long must the parties wait between the filing of complaint and the hearing?

A

90 days if with kids, 60 days without kids

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14
Q

What are the options for a “fault” divorce?

A

CARDIACPHOBIC

  1. convicted of infamous crime
  2. adultery
  3. refusal to move to TN with spouse for 2 years
  4. desertion w/o cause for 1 year
  5. impotence since time of marriage
  6. attempted to take life of spouse by poison or other means showing malice
  7. conviction of felony and sentence to confinement
  8. pregnant at time of marriage by another person, without husband’s knowledge
  9. habitual drunkenness or abuse of drugs commencing after marriage
  10. out of the house (abandonment) and refusal to provide for spouse
  11. bigamy
  12. indignities to spouse’s person as to render their positions intolerable
  13. cruel and inhuman treatment or conduct towards the spouse as to render cohabitation unsafe
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15
Q

What are the 2 options available for no-fault divorce?

A
  1. living in separate residences, not cohabiting as man and wife, no minor children, for a period of at least 2 years
  2. if minor children, any fault reasons for divorce and parties remain separated 2 years after legal separation
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16
Q

What are the requirements of an “irreconcilable differences” divorce?

A
  1. parties execute a “marital dissolution agreement”
  2. the MDA outlines distribution of property, parental rights, and alimony
  3. signed and agreed to by all parties
17
Q

What is required to plead an “inappropriate marital conduct” divorce?

A
  1. includes any series of misconduct which makes cohabitation unacceptable
  2. frequently pleaded as an alternative to irreconcilable differences
18
Q

What is required to plead an adultery divorce?

A
  1. pleading with specificity
  2. may involve post separation conduct
  3. Proof by preponderance of evidence that adulterer had inclination and disposition and opportunity to do so
19
Q

What are the three defenses to a charge of divorce?

A
  1. adultery by spouse charging the other with adultery
  2. inappropriate marital conduct/cruel and inhuman treatment
  3. insanity (maybe)
20
Q

What steps will a court apply in splitting up marital property?

A
  1. determine separate property from marital property
  2. value the property as on the date of entry of division
  3. divide marital property equitably
  4. alot debts according to separate or marital property
  5. determine alimony
  6. determine fault (for purposes of support but not for equitable division of marital property
21
Q

Which spouse gets alimony?

A

the economically disadvantaged spouse

22
Q

What are the 4 kinds of alimony and what are they?

A
  1. In futuro - traditional, indefinite payment
  2. In solido - for a certain duration, to be paid in lump or in installments
  3. Rehabilitative - legislative preference; designed to restore disadvantaged spouse’s earning capacity to the point that they aren’t disadvantaged to other spouse
  4. Transitional - used for transition to living on own; rarely used
23
Q

Which kinds of alimony end upon future marriage?

A

In futuro and transitional

24
Q

What kind of contract provides for a distribution of assets upon divorce or death apart from what the law would alot?

A

Antenuptial agreements

25
Q

Are antenuptial agreements subject to the Statute of Frauds?

A

Yes

26
Q

For an antenuptial agreemnt to be enforced, what is required?

A
  1. in writing and signed by both parties
  2. entered into freely, knowledgeably and in good faith
  3. no exertion of duress or undue influence
  4. full disclosure of assets OR independent knowledge of assets
27
Q

What is a contract called that is entered into after marriage with the goal of saving the marriage?

A

Reconciliation agreements

28
Q

What is a contract called that is entered into to outline certain financial provisions that will be included in divorce?

A

Post-Nuptial Agreements

29
Q

How does the doctrine of merger apply to Marriage Dissolution Agreements (MDAs)?

A

the MDA is merged into the divorce decree so that a judge may adjust alimony beyond what MDA outlines

Family Law (4 decks)

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