Outline w/ Deff Fam Law

Question 1

Prenup

Answer 1

o Need to be in writing
o Needs to be entered into voluntarily (not subj of fraud or duress). Each party has to have own counsel, lawyer, and time to review and understand.
o Full disclosure between parties of all the assets property ect.
o Prenup cannot determine child support, custody, or any spousal support.

Question 2

Postnup

Answer 2

o Does not have to be in writing unless land is involved
o You may waive alimony but not temporary alimony
o Needs to be entered into voluntarily (not subj of fraud or duress). Each party has to have own counsel, lawyer, and to review and understand.

Question 3

Standard for Divorce

Answer 3

o Florida is a no fault state.

2 standards
 Marriage is Irretrievably broken (I don’t want to be married anymore)

 There was mental incapacity for the last 3 years of other spouse.

o Misconduct by one spouse is not relevant for the standard of granting a divorce.
o Jurisdiction: The court will have jurisdiction to grant the divorce if the petitioner resided in Florida for 6 months b4 filing.

Question 4

Martial Property

Answer 4

Marital
property acquired by either spouse or both spouses during the marriage.

Any benefits that accrued during the marriage (retirement account, pension) that money itself is a marital asset. An enhancement or appreciation (benefits) of any non marital asset as a result of effort by either spouse of contribution of either spouse. (helped raise amt).

Question 5

Non Marital Property

Answer 5

property acquired prior to the marriage and kept separate by either spouse. Once money is commingled it becomes marital asset

Question 6

Equitable distribution

Answer 6

o Deff: The presumption is a 50/50 split of marital assets

Some of factors based on:
 Each spouses contribution during marriage
 Duration of marriage
 Economic circumstance of each spouse
 Sacrifices for career or education

Question 7

Duration of Marriage

Answer 7

Short
Less than 10 years

Moderate
10-20 years

Long
20 years or more

Question 8

Alimony

Answer 8

4 kinds-DR PB

Durational
for short term or moderate marriage. Not available for marriages less than 3 years
- may not exceed 50% of length of short term marriage
-60% of length of moderate marriage
- 75% of length of long term marriage

Rehabilitative
Provide for the necessary education, training, work experience to become self sufficient. to go back to school ect. Short period of time.

Pendente Lite
Money while divorce is going on

Bridge the Gap
Short term to help transition to becoming single cannot exceed 2 years and is not modifiable

Permanent alimony has now been eliminated

Question 9

Factors to determine alimony

Answer 9

N.A.M.E. C.M.
Need and ability to pay
Ages of spouses
Mental, physical and emotional health of spouses
Earnings of spouses

Care taker of children
Misconduct financial and infidelity

Question 10

Children

Answer 10

Custody: Standard if best interest of the child

• Shared parental responsibility (legal decision making on behalf of the children). each parent should be involved and have frequent contact with the children.

 Parenting plan (document submitted to court lays out where kid physically going to be most of the time weekends ect.).

Factors that determine whats in best interest of the kid:
* The age of the children, where parents going to live, where families live, where kids go to school, if children old enough their preference of where they want to live, their friends, surroundings