PA Family Law Flashcards
Is marriage a contract?
Yes
What is required for a ceremonial marriage in PA?
- Both at least 16
- Sober, of sound mind, and not closely related
- Solemnized
How closely related can you be to marry in PA?
Not first cousins, but beyond that…
Who can solemnize a marriage in PA?
- Judges
- Political officials
- Clergy of recognized religious organizations
- The parties themselves (Quaker influence)
What are the elements for a common-law marriage?
- Agreement
- Live together; and
- Hold themselves out in public
Are common-law marriages valid if someone else was married at the time it was entered into?
No
What is the cut-off date for valid common-law marriages in PA?
January 1, 2005
What is the standard of proof for a common-law marriage?
Clear and convincing evidence of a present intent
What can void a marriage?
- Prior existing marriages
- Incest
- Mental incapacity
- Under 18 in CL marriage
What can render a marriage voidable?
- Under 16 and no permission from court to marry (60 days)
- 16/17 and no parental consent or court approval (60 days)
- Impotence
- Intoxication at time of marriage (60 days)
- Fraud, duress, coercion, or force
When seeking to annul a marriage for underage, when must an action for annulment be filed?
Within 60 days of the marriage ceremony
When a marriage is terminated by annulment, how is property distributed?
Through an equitable distribution
What are the grounds for no-fault divorce in PA?
- Mutual consent
- Unilateral no-fault
To get a no-default divorce in PA on the grounds of mutual consent, what must be shown?
An affidavit stating the marriage is irretrievably broken.
When can a court grant a no-default divorce on the grounds of mutual consent?
Only after 90 days after commencement of the action
To get a no-default divorce in PA on the grounds of unilateral no-fault grounds, what must be shown?
- Marriage is irretrievably broken, and
- Parties have lived apart for at least 1 year following a statement of intent to dissolve relationship
What are some of the grounds for divorce for fault in PA?
- Adultery
- Cruelty
- Desertion
- Bigamy
- Imprisonment
- Indignity
- Institutionalization
Who bears the burden of establishing divorce on fault-based grounds?
The plaintiff must show he is the innocent and injured spouse
What is the requisite mental state for bigamy in PA?
Knowledge
When can a divorce for-fault be sought based on imprisonment?
If the other spouse was sentenced for 2 or more years of imprisonment
What is “indignity” for purposes of a divorce for fault?
Exhibiting negative behavior toward the other, persistently; unhappiness generally not enough
When can a divorce for-fault be sought based on institutionalization?
If a spouse’s serious mental condition has resulted in institutionalization for at least 18 months before the action is commenced, and there is no reasonable prospect of discharge in the next 18 months
When are defenses available to a divorce action?
Only in fault-based divorces
What are common defenses to a fault-based divorce?
- Recrimination
- Connivance
- Condonation
- Collusion
- Provocation
- Insanity
- Consent
- Justification
What is recrimination in a fault-based divorce?
A defense that both parties committed adultery. Complete defense
What is connivance in a fault-based divorce?
The other party aided in a marital wrong, such as adultery
What is condonation in a fault-based divorce?
Forgiveness. Must show:
- Knowledge of misconduct;
- Forgiveness; and
- Resumption of marital relations
How is property divided upon divorce in Pennsylvania?
Equitable distribution
What qualifies as marital property?
All property acquired during the marriage, and increase in value, subject to some exceptions
Does property acquired before marriage qualify as marital property?
No
Does property excluded by the parties’ valid agreement qualify as marital property?
No
What gifts received by the spouses qualify as marital property?
Gifts to each other
Does property acquired after final separation qualify as marital property?
No
Do Veteran’s benefits exempt from attachment qualify as marital property?
No
Do awards or settlements received for causes of action that accrued before marriage qualify as marital property?
No
What are some factors for assessing the equitable distribution of property?
Pretty much a totality of the circumstances:
- Length of marriage;
- Prior marriages;
- Age, health, earnings, etc.;
- Contributions to education;
- Income, medical needs, retirement of both spouses;
- Value of separate property;
- Standard of living
- Custodian of minor child
Is property transferred under equitable distribution taxed?
No; it is only taxed when sold
When is alimony awarded?
In divorce or separation, only as necessary to provide the recipient with the ability to meet reasonable needs not met through self-support
What is alimony pendente lit?
Alimony during divorce action
What factors are relevant to alimony?
Pretty much a totality of the circumstances:
- Financial resources
- Standard of living
- Time
- Length of marriage
- Age and health
- Spouses’ needs
- Contributions to others
- marital misconduct
What are the three types of alimony?
- Lump sum
- Periodic
- Rehabilitative
When may alimony be modified?
- Death
- Remarriage
- Cohabitation
- Change in circumstances
In what venue can a family-related dispute be heard?
Only in the county where the plaintiff or defendant resides, or a choice of forum clause
What are Pennsylvania’s residency requirements for filing a matrimonial action?
Six months of being a bona fide resident of the state (domicile)
Can a court grant an ex parte divorce without having personal jurisdiction over a party?
Yes, but alimony or support awards would not be recognized
How can a non-resident defendant collaterally attack an ex parte divorce order?
Show that the plaintiff was not a domiciliary
Does the termination of a parent’s parental rights due to rape or sexual assault relieve the parent of child support obligations?
No
How does Pennsylvania determine the amount of child support?
Totality of the circumstances (basically), but turn to best interests of the child
When can a child support order be modified?
When there’s a material and substantial change in circumstances regarding the child’s needs or parents’ financial situation.
Who bears the burden in modifying a child support order?
The party challenging it
Does voluntarily quitting your job constitute a material change for modifying a child support order?
No
When does a parent’s obligation to pay support end?
- When the child reaches the age of majority (18), unless the child is unable to support himself due to circumstances such as mental or physical disability.
- Emancipation; or
- Marriage, termination of parental rights, or death
When is a child emancipated under PA law?
When a self-supporting individual independent of parental control
What is the cut-off date for the taxation of alimony?
Alimony payments received after 2018 are not taxable income, nor deductible by the payor
