The Divorce Decree Flashcards
What does a divorce decree typically include?
Orders determining property rights, custody, visitation, child support, spousal maintenance, attorney’s fees, and related matters.
When does a marriage officially end according to the majority rule?
On the date when a final divorce decree is entered.
What is the definition of equitable distribution in property division?
A flexible scheme allowing the court to consider various factors related to each spouse’s financial situation, rather than a strict 50/50 split.
In property division, what is considered separate property?
Property owned before marriage, acquired after dissolution, or received as gift or inheritance.
What is the presumption regarding property acquired during the marriage?
It is presumed to be community (or marital) property.
What is the first step in the judicial division of property?
Identify the divisible property.
What determines if property is marital or separate?
The timing of the acquisition.
What is passive appreciation in the context of separate property?
An increase in value that occurs without the effort of the spouse.
What happens to the increased value of separate property that results from a spouse’s labor?
It may become marital property.
Fill in the blank: Marital property generally does NOT include property acquired by _______.
gift or inheritance.
What are the three steps in the judicial division of property?
- Identify the property
- Value it
- Divide it
What are the types of alimony?
Periodic, Lump Sum, Rehabilitative.
What is periodic alimony?
A certain amount paid at set intervals, usually until the recipient dies, remarries, or the court modifies the order.
What is rehabilitative alimony?
Alimony awarded for a limited time until the recipient can become self-supporting.
What factors are considered in awarding spousal maintenance?
Financial resources, contributions to marital relationship, and duration of marriage.
True or False: A professional degree is generally considered a property interest subject to equitable distribution.
False.
What is the Replacement Theory in personal injury claims?
Lost wages and medical expenses incurred during marriage are marital property; future wages or expenses are separate property.
How are lottery winnings classified in divorce proceedings?
They may be marital or separate property, depending on acquisition date and funds used.
What principle governs the division of debts in divorce?
Debts incurred during marriage are marital debts; those incurred before or after are separate debts.
What is the presumptive basis for child support orders?
Based on the state’s child support guidelines, typically a formula based on parents’ income.
Fill in the blank: The standard for determining child custody is the _______ of the child.
best interest.
What is the primary consideration when allocating parenting time?
The caregiving history and established bond between the parent and child.
What is the effect of a spouse’s misconduct on alimony awards?
It varies by state; some require consideration of misconduct, others exclude it.
What is a defined contribution plan in the context of retirement accounts?
A retirement account where contributions are matched by the employer, with immediate vesting for employee contributions.
