Misc.

Question 1

Kinds of Divorces

Answer 1

1) Summary (No children, not married long (less than 5 years), no assets)
2) Default
3) Mediated
4) Collaborative (Separate lawyers with negotiations and meetings)
5) Abritrated
6) Contested (fight at trial)

Question 2

Difference between legal separation and divorce

Answer 2

Financial issues can be decided in a legal separation. (can get spousal support with separation)

Question 3

When to file for a nullity

Answer 3

(A nullity can be effective immediately) Fraud, unsound mind, bigamy, incest,

Question 4

Domestic Relations Exception

Answer 4

Supreme Court won’t hear appeals on family law issues unless there is an issue of constitutionality

Question 5

what is a divorce

Answer 5

the legal dissolution of a marriage by a court with proper jurisdiction

Question 6

what is child support

Answer 6

A parent’s legal obligation to contribute to the financial costs of raising his or her child

Question 7

How does a court get jurisdiction over a family law case

Answer 7

Superior court of California- SMJ over every family law case
In Personam Jurisdiction- requires min contacts with the state and requires service of process
In rem jurisdiction- there has to be a marriage in order to dissolve one

Question 8

What is a common law marriage

Answer 8

When a couple holds themselves out as being married, have agreed to be married, and lives in a common law state and live together for a certain number of years

Question 9

What is Community property

FC 760

Answer 9

All property, real or personal, acquired by a married person during the marriage

Question 10

Grounds for divorce

Answer 10

irreconciable differences, incurable insanity

Question 11

Various presumptions

Answer 11

• Children born during the marriage are presumed to be of the marriiage
• Husband and wife have a duty to support each other
• both parents are fit to have custody, either parent has a right to custody