Misc.

Question 1

Common law marriage

Answer 1

1. exchange of consents between two people with capacity;
2. cohabitation; and
3. holding out publicly of living together as spouses

Question 2

enforcement of premarital agreements

Answer 2

1. voluntary; 2. writing; 3. full and fair disclosure of financial worth, 4. fair and reasonable

will be unenforceable if not voluntary or unconscionable

Question 3

who controls marital property

Answer 3

each spouse controls their own property

Question 4

spouses taking real estate in joint names is called:

Answer 4

tenancy by the entirety

surivorship and prohibits conveyance or encumbrance of property by one spouse

Question 5

Spousal obligation of support

Answer 5

during the marriage

also agency- may require one spouse be held liable

and liable for necessaries

Question 6

can families be regulated by the courts

Answer 6

no- internal affiars cannot generally be regulated and families have right to expect privacy

Question 7

fault grounds

Answer 7

1. adultery
2. willful desertion
3. cruelty
4. drug addiction or drunkenness
5. mental illness

Question 8

nofault divorce

Answer 8

1. marriage irretrievably broken and or

2. parties have been living apart for a specified time

Question 9

legal separation-

Answer 9

doesn’t terminate but

Question 10

separation agreements

Answer 10

parties agree to live apart and resolve economic issues and custody rights

must be voluntary, full and fair disclosure

Question 11

removal of child from the jurisdiction

Answer 11

most allow moving out of state as long as it is motivated by benefit to the parent and not merely to frustrate visitation rights

Question 12

withdrawing consent on adoption

Answer 12

cannot be wthdrawn after a decree of adoption entered.

Question 13

UPA- establishing parent child relationship

Answer 13

1. giving birth
2. being married to mother during marriage or within 300 days after marriage is terminated
3. adjudication of parentage
4. adoption
5. acknowledgement
6. content to assisted reproduction
   7 consent by intended parent to a surrogacy agreement