MEET Deck Flashcards
Beach of Promise to Marry
Rare, abolished by most states, provides tort damages and maybe punitive
Gifts in Contemplation of Marriage
If marriage doesn’t happen, must return gifts (engagement ring)
Antenuptials/Premarital Agreement Requirements
- Signed in writing
- Voluntary
- Full and fair disclosure of assets
Antenuptials/Premarital Agreement Governing Body of Law
UPAA
Marriage Requirements
- License
- Ceremony by authorized officiant
- No legal inhibitors
- Capacity to consent at ceremony
Common Law Marriage
- Cohabitation
- Agreement to marry
- Capacity
- Hold out as married
Marriage by Estoppel
Remedy to protect innocent party who in good faith entered into an invalid marriage
Property acquired during Marriage
Marital property
Is title dispositive of separate property?
No. Each spouse controls/owns property in own name BUT doesn’t necessarily mean will be separate during divorce.
Tenancy by Entirety
Created after marriage, survivorship rights, can’t alienate without other spouses permission. Divorce creates tenants in common.
Doctrine of Necessaries
Spouse is responsible for other spouse’s purchase of necessities
Spousal Abuse Orders
Every state has, protects abused spouse, initial order can be ex parte
Alienation of Affection
Tort, where 3rd party destroys love and affection, can be brought by 3rd party
(in-law)
Criminal Conversion
Tort action, need (1) adultry plus (2) valid marriage, abolished in most state, only spouse may bring
Constitutional Right to Privacy
Via DP clause, fundamental right, regulation invalid unless compelling gov. interest
What’s included under the Constitutional right to privacy?
Marry, procreate, contraceptives, relatives live together, parents decide care/custody/control of kids, parents right to edu. kids outside of pub school
Annulment
Declares marriage invalid because of defect (void or voidable)
Void Marriage
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
Voidable Marriage
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
Defense to Annulled Marriage
Show no defect or show ratification
Division of Property for Annulled Marriage
Put spouse back in position before married
Jurisdiction for Annulled Marriage
Where either spouse is domiciled or OG court
Divorce Jurisdiction
At least 1 spouse domiciled in state
1) Meet residency requirement
2) Intent to stay
Jurisdiction of Property/Financial Issues during Divorce
Court must have PJ over Def
Comity and Divorce
Court likely to recognize divorce decree if 1 spouse domiciled in foreign country rendering judgement
Meditation for Divorce
Neutral party who help spouses work through issues
-Must inform of right to atty, remain impartial, balance pwr btw parties
No Fault Divorce
Based on irreconcilable differences
1) Must live separate and apart for specified time period continuously
2) Both spouses must agree
Fault Based Divorce
Divorce based on traditional fault grounds
-Adultry
-Abandonment
-Insanity
-Volun. Drug Use/Excessive Drinking
Defense to No Fault Divorce
Show restoration re started clock for living separate and apart
Defenses to Fault Divorce
-Collusion: spouse fake fault divorce
-Connivance: consent to misconduct
-Condonation: forgive, cont. marriage
-Recrimination: other spouse also guilty of misconduct
Community Property
ALL property acquired during marriage owned 1/2 by each spouse, property brought into marriage, gift, or bequest is separate property
Equitable Division of ALL property
Ct. divides all property owned by either spouse
Equitable Division of Marital Property
Each spouse keeps separate property and court only divides property acquired during marriage
- Classify Prop
- Divide equitably
Separate Property
Property owned before marriage, by gift, bequest, inheritance, degree (but can be reimbursed)
Marital Property
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
Commingling
Sep prop intermingled w/marital prop so it’s now intertwined
Transmutation
Sep prop treated as marital prop and evident by evidence of intent
Ex: spouses name on title to house
Improvement of Sep Prop
Prop remains sep but other spouse can be reimbursed
Prop Acquired before marriage but paid for after
Can go either way
Professional licenses
Not divisible but can reimburse for other spouses contributions
Factors to consider in property division
Age, edu, income, length of marriage, standard of living, health, debts, needs, child custody provisions, assets
Alimony (Spousal support)
Support for economically dependent spouse
Types of spousal
Support
- Permanent periodic
•pay X amount until death/remarry - Lump Sum
•set amount of $ - Rehabilitative
•support used to rehabilitate spouse - Reimbursement
•Ex for degree or increase in value of sep. prop
What types of spousal support are modifiable?
Permanent periodic and rehabilitative
Factors to consider for spousal support
Standard of living, marriage length, age, emo. condition, $ resources, contributions, ability to pay
When is spousal support modified
Substantial change in needs of recipient or ability of payer spouse to pay
When does spousal support terminate?
Re marry, cohabitation, death
How long must a parent pay child support?
Until majority age,
death of child, emancipation, or termination of parental rights
How is child support determined?
Child support guidelines (shares model + chart)
Jurisdiction of Child Support
OG juris proper where 1st petition under UIFSA filed (Uniform Interstate Family Support Act)
Or
Where child is at home + parent objects
Modification of Child Support
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
What is the UCCJEA
Uniform child custody jurisdiction and enforcement act
Juris of initial child custody
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
Temporary Emergency Child Custody Juris
Ok if child needs protecting
Ex: abuse and abandonment
Child Custody Determinations
BIOC standard
Wishes of parents, child (if 8-12), relationships w/parents, adjustment to home, school, community, primary caregiver, parties mental/physical health
Type of Custody
- Joint
- Sole (still get visitation)
Modification of Custody
Substantial and material change in circumstances, BIOC
Relocation and Custody
Notice to other parent and hearing for BIOC, can’t do just to spite
Presumption of parentage
Moms husband presumed father of born during marriage or within 300 days of divorce
Rebutting Paternity
Need clear and convincing evid
Unwed Fathers parent only if:
-married after child’s birth
-on certificate
-holds out as bio parent
-Ct order
-formal acknowledgment
Adoption Requirements
- Termination of bio parents rights
- Creation of new parents rights
What can spouses agree to in a prenuptial agreement?
Property division, waive spousal support, etc., BUT cannot make agreements regarding children
Fault based divorce grounds
Adultery (opportunity + inclination)
Abandonment (unjustified, w/o intent to return)
Cruelty (mental or physical)
Habitual drunkenness/drugs (didn’t know before entering marriage)
Insanity
How are Child custody orders enforced?
- Direct enforcement (garnished wages)
- Or Registration (send order to other state)
When is FFC given to child support order?
FFC given by sister state as long as OG court had Jx and party had notice + opportunity to be heard
Which state can modify a child custody order?
The OG state that issued the order has continuous exclusive jx
What law is assisted reproduction guided by?
UPA (Uniform Parentage Act)
Are gamete donors presumed parents?
No
Requirements of surrogacy agreement
- Voluntary
- In writing
- Home study
- Consideration
