Rights & Responsibilities b/w Spouses Flashcards
How is property during marriage treated?
Most property acquired during marriage considered marital property (even if title/ownership and control only w/ one)
What is the Doctrine of Necessaries?
Makes 1 spouse liable to 3P for other spouse’s purchases of necessary expenses:
-food
-clothing
-healthcare
What is the obligation to support?
each spouse has obligation to support other during marriage
Though many states have abolished interspousal immunity in suits b/w spouses, what 2 exceptions often remain?
1) highly private activity
2) simple domestic negligence
What is a spousal abuse order? How may it be granted?
-protects domestic abuse victims both w/i and outside of marriage
-can be granted ex parte and last for period set out by applicable state law
Requirements to show alienation of affection?
Couple must:
1) have had genuine love/affection
2) show destroyed/alienated
AND
3) prove D’s actions were cause
Requirements for criminal conversation?
1) existence of valid marriage
2) adultery must be proven
What is negligent interference with consortium or services?
Spouse may bring action against a D for negligently causing injuries resulting in loss of consortium
Family internal affairs generally protected by courts, including ____ but certain state interests may override ______.
includes:
-right to privacy
-freedom from gov’t interference
in domestic affairs
-make most decisions re child’s
upbringing
but state interests may override re:
-abuse
-neglect
-compulsory education
Any regulation of family privacy will likely violate DPC unless: ______.
necessary to protect compelling government interest
What (6) rights fall within constitutionally protected right to privacy?
right to:
-marry
-procreate
-use/sell contraceptives
-for related people to live together
-educate kids outside public system
-decide issues as parents
-care, custody, & control
