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Family Law > MEET Deck > Flashcards

MEET Deck Flashcards

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1
Q

Beach of Promise to Marry

A

Rare, abolished by most states, provides tort damages and maybe punitive

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2
Q

Gifts in Contemplation of Marriage

A

If marriage doesn’t happen, must return gifts (engagement ring)

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3
Q

Antenuptials/Premarital Agreement Requirements

A
  1. Signed in writing
  2. Voluntary
  3. Full and fair disclosure of assets
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4
Q

Antenuptials/Premarital Agreement Governing Body of Law

A

UPAA

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5
Q

Marriage Requirements

A
  1. License
  2. Ceremony by authorized officiant
  3. No legal inhibitors
  4. Capacity to consent at ceremony
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6
Q

Common Law Marriage

A
  1. Cohabitation
  2. Agreement to marry
  3. Capacity
  4. Hold out as married
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7
Q

Marriage by Estoppel

A

Remedy to protect innocent party who in good faith entered into an invalid marriage

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8
Q

Property acquired during Marriage

A

Marital property

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9
Q

Is title dispositive of separate property?

A

No. Each spouse controls/owns property in own name BUT doesn’t necessarily mean will be separate during divorce.

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10
Q

Tenancy by Entirety

A

Created after marriage, survivorship rights, can’t alienate without other spouses permission. Divorce creates tenants in common.

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11
Q

Doctrine of Necessaries

A

Spouse is responsible for other spouse’s purchase of necessities

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12
Q

Spousal Abuse Orders

A

Every state has, protects abused spouse, initial order can be ex parte

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13
Q

Alienation of Affection

A

Tort, where 3rd party destroys love and affection, can be brought by 3rd party
(in-law)

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14
Q

Criminal Conversion

A

Tort action, need (1) adultry plus (2) valid marriage, abolished in most state, only spouse may bring

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15
Q

Constitutional Right to Privacy

A

Via DP clause, fundamental right, regulation invalid unless compelling gov. interest

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16
Q

What’s included under the Constitutional right to privacy?

A

Marry, procreate, contraceptives, relatives live together, parents decide care/custody/control of kids, parents right to edu. kids outside of pub school

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17
Q

Annulment

A

Declares marriage invalid because of defect (void or voidable)

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18
Q

Void Marriage

A

Failed to meet essential element of marriage formation, can be brought by 3rd party ( don’t have to bring in court)

May become valid if issue is removed and couple continues to cohabiting

Example: bigamy, polygamy, consanguinity

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19
Q

Voidable Marriage

A

Issue of consent, treated as valid until declared by court, only victim spouse can bring, may be remedied if live together

Ex: no consent, underaged, misrepresentation, fraud, duress

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20
Q

Defense to Annulled Marriage

A

Show no defect or show ratification

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21
Q

Division of Property for Annulled Marriage

A

Put spouse back in position before married

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22
Q

Jurisdiction for Annulled Marriage

A

Where either spouse is domiciled or OG court

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23
Q

Divorce Jurisdiction

A

At least 1 spouse domiciled in state
1) Meet residency requirement
2) Intent to stay

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24
Q

Jurisdiction of Property/Financial Issues during Divorce

A

Court must have PJ over Def

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25
Q

Comity and Divorce

A

Court likely to recognize divorce decree if 1 spouse domiciled in foreign country rendering judgement

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26
Q

Meditation for Divorce

A

Neutral party who help spouses work through issues

-Must inform of right to atty, remain impartial, balance pwr btw parties

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27
Q

No Fault Divorce

A

Based on irreconcilable differences
1) Must live separate and apart for specified time period continuously
2) Both spouses must agree

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28
Q

Fault Based Divorce

A

Divorce based on traditional fault grounds

-Adultry
-Abandonment
-Insanity
-Volun. Drug Use/Excessive Drinking

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29
Q

Defense to No Fault Divorce

A

Show restoration re started clock for living separate and apart

30
Q

Defenses to Fault Divorce

A

-Collusion: spouse fake fault divorce
-Connivance: consent to misconduct
-Condonation: forgive, cont. marriage
-Recrimination: other spouse also guilty of misconduct

31
Q

Community Property

A

ALL property acquired during marriage owned 1/2 by each spouse, property brought into marriage, gift, or bequest is separate property

32
Q

Equitable Division of ALL property

A

Ct. divides all property owned by either spouse

33
Q

Equitable Division of Marital Property

A

Each spouse keeps separate property and court only divides property acquired during marriage

  1. Classify Prop
  2. Divide equitably
34
Q

Separate Property

A

Property owned before marriage, by gift, bequest, inheritance, degree (but can be reimbursed)

35
Q

Marital Property

A

All property acquired during marriage (some CT’s use date of separation or date of filing as end of marital estate).

Ex: earnings, pension, employment benefits

36
Q

Commingling

A

Sep prop intermingled w/marital prop so it’s now intertwined

37
Q

Transmutation

A

Sep prop treated as marital prop and evident by evidence of intent

Ex: spouses name on title to house

38
Q

Improvement of Sep Prop

A

Prop remains sep but other spouse can be reimbursed

39
Q

Prop Acquired before marriage but paid for after

A

Can go either way

40
Q

Professional licenses

A

Not divisible but can reimburse for other spouses contributions

41
Q

Factors to consider in property division

A

Age, edu, income, length of marriage, standard of living, health, debts, needs, child custody provisions, assets

42
Q

Alimony (Spousal support)

A

Support for economically dependent spouse

43
Q

Types of spousal
Support

A
  1. Permanent periodic
    •pay X amount until death/remarry
  2. Lump Sum
    •set amount of $
  3. Rehabilitative
    •support used to rehabilitate spouse
  4. Reimbursement
    •Ex for degree or increase in value of sep. prop
44
Q

What types of spousal support are modifiable?

A

Permanent periodic and rehabilitative

45
Q

Factors to consider for spousal support

A

Standard of living, marriage length, age, emo. condition, $ resources, contributions, ability to pay

46
Q

When is spousal support modified

A

Substantial change in needs of recipient or ability of payer spouse to pay

47
Q

When does spousal support terminate?

A

Re marry, cohabitation, death

48
Q

How long must a parent pay child support?

A

Until majority age,
death of child, emancipation, or termination of parental rights

49
Q

How is child support determined?

A

Child support guidelines (shares model + chart)

50
Q

Jurisdiction of Child Support

A

OG juris proper where 1st petition under UIFSA filed (Uniform Interstate Family Support Act)

Or

Where child is at home + parent objects

51
Q

Modification of Child Support

A

Substantial and continuing change of circumstances that effects child Or ability to pay

OG juris has continuing and exclusive juris UNLESS no party resides there or both consent to juris

52
Q

What is the UCCJEA

A

Uniform child custody jurisdiction and enforcement act

53
Q

Juris of initial child custody

A

Home State Juris Test
1) Childs home state -loved w/parent for at least 6 mo
2) OR child’s home state in last 6
mo but absent but parent still remains

If Not, see if child and 1 parent has sig. connection w/state AND substantial evidence that child available in state

54
Q

Temporary Emergency Child Custody Juris

A

Ok if child needs protecting

Ex: abuse and abandonment

55
Q

Child Custody Determinations

A

BIOC standard

Wishes of parents, child (if 8-12), relationships w/parents, adjustment to home, school, community, primary caregiver, parties mental/physical health

56
Q

Type of Custody

A
  1. Joint
  2. Sole (still get visitation)
57
Q

Modification of Custody

A

Substantial and material change in circumstances, BIOC

58
Q

Relocation and Custody

A

Notice to other parent and hearing for BIOC, can’t do just to spite

59
Q

Presumption of parentage

A

Moms husband presumed father of born during marriage or within 300 days of divorce

60
Q

Rebutting Paternity

A

Need clear and convincing evid

61
Q

Unwed Fathers parent only if:

A

-married after child’s birth
-on certificate
-holds out as bio parent
-Ct order
-formal acknowledgment

62
Q

Adoption Requirements

A
  1. Termination of bio parents rights
  2. Creation of new parents rights
63
Q

What can spouses agree to in a prenuptial agreement?

A

Property division, waive spousal support, etc., BUT cannot make agreements regarding children

64
Q

Fault based divorce grounds

A

Adultery (opportunity + inclination)

Abandonment (unjustified, w/o intent to return)

Cruelty (mental or physical)

Habitual drunkenness/drugs (didn’t know before entering marriage)

Insanity

65
Q

How are Child custody orders enforced?

A
  1. Direct enforcement (garnished wages)
  2. Or Registration (send order to other state)
66
Q

When is FFC given to child support order?

A

FFC given by sister state as long as OG court had Jx and party had notice + opportunity to be heard

67
Q

Which state can modify a child custody order?

A

The OG state that issued the order has continuous exclusive jx

68
Q

What law is assisted reproduction guided by?

A

UPA (Uniform Parentage Act)

69
Q

Are gamete donors presumed parents?

A

No

70
Q

Requirements of surrogacy agreement

A
  1. Voluntary
  2. In writing
  3. Home study
  4. Consideration

Family Law (1 decks)

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