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[WIP] MEE Family Law > Marriage & Divorce > Flashcards

Marriage & Divorce Flashcards

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1
Q

What is a marriage?

A

A civil contract between two people

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2
Q

What does marriage require?

A
  • Both parties have capacity to give consent
  • Exchange of consideration in the form of:
    • Mutual exchange of promises; and
    • Imposition of rights and obligations that come with the marriage
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3
Q

How can a marriage contract be modified or terminated?

A

Only with state intervention

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4
Q

What does ceremonial marriage require?

A
  • License
  • Solemnization
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5
Q

What are the possible restrictions for a marriage license?

A
  • Age
  • Waiting period
  • Expiration of license
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6
Q

What is the age requirement for a marriage license?

A
  • At least 18 years old
  • Parental consent if a party is under 18

Note: This is for most jurisdictions, though all jurisdictions impose a minimum age requirement

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7
Q

True or False: Many states require a waiting period between when a marriage license is issued and the marriage ceremony.

A

True

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8
Q

Can the results of premarital medical testing be a condition for issuance of a marriage license?

A

No

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9
Q

Expiration of a license is how many days after issuance?

A

Varies from 10 to 30 days

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10
Q

When will a marriage license NOT be issued?

A
  • If a party is already married to someone else
  • If the parties are too closely related
  • If the marriage is a sham
  • If the parties are incapable of understanding the act of marriage (e.g. fraud or duress)
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11
Q

What is required to solemnize a marriage?

A
  • At least 2 witnesses (most states)
  • An officiant (most states)
  • Marriage license filed with the appropriate government office
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12
Q

What is a proxy marriage?

A

When a party has a stand-in for them at the ceremony because they cannot physically attend

Note: Allowed by some states

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13
Q

What are the requirements for a common- law marriage?

A
  • Capacity to marry
  • Consent
  • Cohabitation
  • Conduct (i.e. hold themselves out in public as if married)
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14
Q

When won’t a state recognize common-law marriage from other states under the Full Faith and Credit Clause?

A

If the state has a strong public policy against recognizing the marriage

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15
Q

How can a valid marriage be terminated?

A
  • Annulment
  • Divorce (dissolution)
  • Death
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16
Q

What is annulment?

A

A judicial decree that voids a marriage

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17
Q

When is annulment available?

A

When a marriage is void ab initio or voidable

18
Q

When does annulment apply?

A

When an impediment to a legal marriage existed at the beginning of the marriage

19
Q

What is a void marriage?

A

A marriage not legally recognized for any purpose (“as if it never happened”)

20
Q

What happens if a party is already married?

A

The second marriage will be void

Note: The burden is on the person trying to prove the first marriage

21
Q

What are the three ways a marriage can be void?

A
  • Prior existing marriage
  • Incest
  • Mental incapacity
22
Q

What is a voidable marriage?

A

A marriage that is valid until one of the parties seeks annulment

23
Q

When does age make a marriage voidable?

A

The following can seek an annulment:

  • A party is underage and did not seek their parents’ consent
  • A parent of a minor
24
Q

What are the five ways a marriage can be voidable?

A
  • Age
  • Impotence
  • Intoxication
  • Fraud, misrepresentation, duress, coercion, force
  • Lack of intent
25
Q

After an underage party reaches the age of majority and continues to cohabitate with their spouse, can they seek an annulment?

A

No

26
Q

When does impotence make a marriage voidable?

A

When one party is naturally and incurably impotent

Exception: The other party knew about the impotence prior to marriage

27
Q

When does intoxication make a marriage voidable?

A

When either party was incapacitated due to alcohol or drugs

Exception: The parties continue to cohabitate after marriage (ratification)

28
Q

When does fraud make a marriage voidable?

A

When the fraud:

  • Goes to the essence of the marriage
  • Existed at the time of the marriage
  • Is not about future facts

And the parties immediately cease living together once the fraud is discovered

29
Q

When does lack of intent make a marriage voidable?

A

When the parties acted with no intention to be married

30
Q

If a voidable marriage due to lack of intent has been consummated, can it be annulled?

A

No

31
Q

What are the effects of annulment?

A

Either party can seek:

  • Spousal support
  • Equitable distribution of marital property
  • Child support (for a marital child)
32
Q

What is the defense to annulment?

A

Denying the impediment

Note: The other party can still pursue divorce

33
Q

What is a putative marriage?

A

Equitable remedy to protect a party who believes their marriage is valid

Note: Adopted by most jurisdictions

34
Q

What is divorce?

A

Legal dissolution of marriage

35
Q

What is the residency requirement for divorce?

A
  • At least one party must be a resident of the state
  • The length of time varies

Note: Most states of a residency requirement

36
Q

When is a no-fault divorce granted?

A

When the marriage is irretrievably broken

37
Q

What are the grounds for fault-based divorce?

A
  • Adultery (opportunity + inclination)
  • Cruelty or inhumane treatment (not one-off)
  • Desertion
  • **Habitual drunkenness* that impairs the marriage
  • Bigamy
  • Imprisonment for a specified period of time
  • Indignity (minority of states)
  • Institutionalization with no reasonable prospect of discharge or rehabilitation
38
Q

When do defenses to divorce apply?

A
  • Fault-based divorces
  • Affirmatively pleaded
39
Q

What are the defenses to divorce?

A
  • Recrimination and unclean hands
  • Connivance (consent to participate in marital wrong)
  • Condonation (forgiveness)
  • Collusion
  • Provocation
  • Insanity
  • Consent (desertion or adultery)
  • Justification
40
Q

Can religion be a defense to divorce?

A

No

[WIP] MEE Family Law (2 decks)

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