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PABar - Family Law > Marriage, Divorce, and Support > Flashcards

Marriage, Divorce, and Support Flashcards

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1
Q

Is marriage a contract?

A

Yes

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2
Q

What is required for a ceremonial marriage in PA?

A
  1. Both at least 16
  2. Sober, of sound mind, and not closely related
  3. Solemnized
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3
Q

How closely related can you be to marry in PA?

A

Not first cousins, but beyond that…

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4
Q

Who can solemnize a marriage in PA?

A
  1. Judges
  2. Political officials
  3. Clergy of recognized religious organizations
  4. The parties themselves (Quaker influence)
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5
Q

What are the elements for a common-law marriage?

A
  1. Agreement
  2. Live together; and
  3. Hold themselves out in public
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6
Q

Are common-law marriages valid if someone else was married at the time it was entered into?

A

No

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7
Q

What is the cut-off date for valid common-law marriages in PA?

A

January 1, 2005

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8
Q

What is the standard of proof for a common-law marriage?

A

Clear and convincing evidence of a present intent

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9
Q

What can void a marriage?

A
  1. Prior existing marriages
  2. Incest
  3. Mental incapacity
  4. Under 18 in CL marriage
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10
Q

What can render a marriage voidable?

A
  1. Under 16 and no permission from court to marry (60 days)
  2. 16/17 and no parental consent or court approval (60 days)
  3. Impotence
  4. Intoxication at time of marriage (60 days)
  5. Fraud, duress, coercion, or force
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11
Q

When seeking to annul a marriage for underage, when must an action for annulment be filed?

A

Within 60 days of the marriage ceremony

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12
Q

When a marriage is terminated by annulment, how is property distributed?

A

Through an equitable distribution

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13
Q

What are the grounds for no-fault divorce in PA?

A
  1. Mutual consent
  2. Unilateral no-fault
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14
Q

To get a no-default divorce in PA on the grounds of mutual consent, what must be shown?

A

An affidavit stating the marriage is irretrievably broken.

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15
Q

When can a court grant a no-default divorce on the grounds of mutual consent?

A

Only after 90 days after commencement of the action

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16
Q

To get a no-default divorce in PA on the grounds of unilateral no-fault grounds, what must be shown?

A
  1. Marriage is irretrievably broken, and
  2. Parties have lived apart for at least 1 year following a statement of intent to dissolve relationship
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17
Q

What are some of the grounds for divorce for fault in PA?

A
  1. Adultery
  2. Cruelty
  3. Desertion
  4. Bigamy
  5. Imprisonment
  6. Indignity
  7. Institutionalization
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18
Q

Who bears the burden of establishing divorce on fault-based grounds?

A

The plaintiff must show he is the innocent and injured spouse

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19
Q

What is the requisite mental state for bigamy in PA?

A

Knowledge

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20
Q

When can a divorce for-fault be sought based on imprisonment?

A

If the other spouse was sentenced for 2 or more years of imprisonment

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21
Q

What is “indignity” for purposes of a divorce for fault?

A

Exhibiting negative behavior toward the other, persistently; unhappiness generally not enough

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22
Q

When can a divorce for-fault be sought based on institutionalization?

A

If a spouse’s serious mental condition has resulted in institutionalization for at least 18 months before the action is commenced, and there is no reasonable prospect of discharge in the next 18 months

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23
Q

When are defenses available to a divorce action?

A

Only in fault-based divorces

24
Q

What are common defenses to a fault-based divorce?

A
  1. Recrimination
  2. Connivance
  3. Condonation
  4. Collusion
  5. Provocation
  6. Insanity
  7. Consent
  8. Justification
25
Q

What is recrimination in a fault-based divorce?

A

A defense that both parties committed adultery. Complete defense

26
Q

What is connivance in a fault-based divorce?

A

The other party aided in a marital wrong, such as adultery

27
Q

What is condonation in a fault-based divorce?

A

Forgiveness. Must show:

  1. Knowledge of misconduct;
  2. Forgiveness; and
  3. Resumption of marital relations
28
Q

How is property divided upon divorce in Pennsylvania?

A

Equitable distribution

29
Q

What qualifies as marital property?

A

All property acquired during the marriage, and increase in value, subject to some exceptions

30
Q

Does property acquired before marriage qualify as marital property?

A

No

31
Q

Does property excluded by the parties’ valid agreement qualify as marital property?

A

No

32
Q

What gifts received by the spouses qualify as marital property?

A

Gifts to each other

33
Q

Does property acquired after final separation qualify as marital property?

A

No

34
Q

Do Veteran’s benefits exempt from attachment qualify as marital property?

A

No

35
Q

Do awards or settlements received for causes of action that accrued before marriage qualify as marital property?

A

No

36
Q

What are some factors for assessing the equitable distribution of property?

A

Pretty much a totality of the circumstances:

  1. Length of marriage;
  2. Prior marriages;
  3. Age, health, earnings, etc.;
  4. Contributions to education;
  5. Income, medical needs, retirement of both spouses;
  6. Value of separate property;
  7. Standard of living
  8. Custodian of minor child
37
Q

Is property transferred under equitable distribution taxed?

A

No; it is only taxed when sold

38
Q

When is alimony awarded?

A

In divorce or separation, only as necessary to provide the recipient with the ability to meet reasonable needs not met through self-support

39
Q

What is alimony pendente lit?

A

Alimony during divorce action

40
Q

What factors are relevant to alimony?

A

Pretty much a totality of the circumstances:

  1. Financial resources
  2. Standard of living
  3. Time
  4. Length of marriage
  5. Age and health
  6. Spouses’ needs
  7. Contributions to others
  8. marital misconduct
41
Q

What are the three types of alimony?

A
  1. Lump sum
  2. Periodic
  3. Rehabilitative
42
Q

When may alimony be modified?

A
  1. Death
  2. Remarriage
  3. Cohabitation
  4. Change in circumstances
43
Q

In what venue can a family-related dispute be heard?

A

Only in the county where the plaintiff or defendant resides, or a choice of forum clause

44
Q

What are Pennsylvania’s residency requirements for filing a matrimonial action?

A

Six months of being a bona fide resident of the state (domicile)

45
Q

Can a court grant an ex parte divorce without having personal jurisdiction over a party?

A

Yes, but alimony or support awards would not be recognized

46
Q

How can a non-resident defendant collaterally attack an ex parte divorce order?

A

Show that the plaintiff was not a domiciliary

47
Q

Does the termination of a parent’s parental rights due to rape or sexual assault relieve the parent of child support obligations?

A

No

48
Q

How does Pennsylvania determine the amount of child support?

A

Totality of the circumstances (basically), but turn to best interests of the child

49
Q

When can a child support order be modified?

A

When there’s a material and substantial change in circumstances regarding the child’s needs or parents’ financial situation.

50
Q

Who bears the burden in modifying a child support order?

A

The party challenging it

51
Q

Does voluntarily quitting your job constitute a material change for modifying a child support order?

A

No

52
Q

When does a parent’s obligation to pay support end?

A
  1. When the child reaches the age of majority (18), unless the child is unable to support himself due to circumstances such as mental or physical disability.
  2. Emancipation; or
  3. Marriage, termination of parental rights, or death
53
Q

When is a child emancipated under PA law?

A

When a self-supporting individual independent of parental control

54
Q

What is the cut-off date for the taxation of alimony?

A

Alimony payments received after 2018 are not taxable income, nor deductible by the payor

55
Q

What does the Uniform Interstate Family Support Act (UIFSA) do?

A

Prevents jurisdictional disputes over matters of child support or maintenance

56
Q

Who has jurisdiction over a child support matter under UIFSA?

A

The home state for the child

PABar - Family Law (3 decks)

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