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Family Law > Marriage and Divorce > Flashcards

Marriage and Divorce Flashcards

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1
Q

What is a marriage?

A

A marriage is a civil contract between two parties who are legally capable of consent who exchange consideration with the acceptance of the imposition of rights and obligations.

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2
Q

What is required for a formal, ceremonial marriage?

A

A ceremonial marriage requires:

  1. A license
  2. Solemnization
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3
Q

What is required for a license?

A
  1. Capacity to marry
  2. Waiting period between date of marriage and ceremony, which has not expired
  3. Medical testing, if applicable
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4
Q

Can a state condition issue of a license on the outcome of a medical testing?

A

No.

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5
Q

What is required for a common-law marriage?

A

The parties must:

  1. Agree they are married;
  2. Cohabit as if married;
  3. Hold themselves out as married.
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6
Q

Are common-law marriages recognized by other states?

A

Yes, unless violating strong public policy

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7
Q

What are the four ways to end a marriage?

A
  1. Annulment
  2. Divorce
  3. Death
  4. Separation
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8
Q

What are the bases for a void marriages?

A

Bigamy, incest or consanguinity, or mental incapacity at the time of marriage

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9
Q

What is a voidable marriage?

A

Only a spouse can challenge a voidable marriage, and a judicial decree is needed to declare one void. Reasons include:

  1. Age
  2. Impotence
  3. Intoxication
  4. Fraud to inducement of marriage
  5. Misrepresentation, duress, force
  6. Lack of intent to be married
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10
Q

What is the consequence of an annulment on the basis of the marriage being void?

A

There are none, as the marriage was never valid.

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11
Q

What is the consequence of an annulment on the basis of the marriage being voidable?

A

There will be an equitable distribution of property and children of the marriage are still considered legitimate.

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12
Q

What defenses are available to a voidable marriage?

A

Laches, unclean hands, and estoppel.

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13
Q

What is required for a no-fault dirovrce?

A

Irreconcilable differences for a specific period of time.

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14
Q

What is required for a fault-based divorce?

A
  1. Adultery
  2. Cruelty
  3. Desertion (unconsented to)
  4. Habitual drunkenness
  5. Bigamy
  6. Imprisonment
  7. Institutionalization
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15
Q

What defenses are available to fault-based divorce?

A
  1. Unclean hands
  2. Connivance
  3. Condonation
  4. Collusion
  5. Provocation
  6. Insanity
  7. Consent
  8. Justification
  9. Religion
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16
Q

In a community property state, how is property divided?

A

Equally

17
Q

In a state following equitable distribution, how is property divided?

A

A fair distribution of marital property, not necessarily an equal one

18
Q

What is marital property?

A

Majority: property acquired during marriage

Minority: all property owned by either spouse

19
Q

What is nonmarital property?

A
  1. Property acquired before the marriage
  2. Property excluded by the parties’ valid agreement
  3. Property acquired by gift or inheritance (except gifts between spouses)
  4. Any award for a cause of action accruing before the marriage
20
Q

What are some factors for distribution of marital property?

A

Length of marriage, prior marriages, age, earnings, health, potential, value of property, etc.

21
Q

Is a professional license or degree marital property?

A

No, but can affect alimony

22
Q

Are retirement or pension benefits marital property?

A

Yes, if acquired during the marriage

23
Q

Are personal injury claim proceeds or workers’ comp marital property?

A

(Maj) if accrued during marriage, marital property; (min) separate

24
Q

Are consortium losses marital property?

A

No, property of non-injured spouse

25
Q

Are lost wages, lost earning capacity, and medical expenses marital property?

A

Yes

26
Q

Is goodwill marital property?

A

In some states, yes

27
Q

Are social security benefits?

A

No

28
Q

What are the tax consequences of equitable distributions?

A

Tax-free

29
Q

Can you modify the division of property?

A

No

30
Q

What makes a premarital agreement enforceable?

A
  1. Full disclosure
  2. Fair and reasonable
  3. Voluntary (signed and in writing)
31
Q

What is needed to show adultery for a for cause divorce?

A

Opportunity and inclination

Family Law (4 decks)

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