THEMIS OUTLINE Flashcards
What is a ceremonial (statutory) marriage?
A ceremonial marriage requires parties to obtain a license and participate in a ceremony.
Requirements include capacity to marry, no waiting period, and no medical testing required.
What are the requirements for obtaining a marriage license?
Requirements include minimum age restrictions, proof of emancipation if 17, and the license must be recorded within 30 days after marriage.
Marriages of persons younger than 17 are prohibited.
What is common-law marriage?
Common-law marriage is recognized when parties agree they are married, cohabit as spouses, and hold themselves out as married without a ceremony or license.
Abolished in GA as of January 1, 1997, but valid common-law marriages before that date are recognized.
What is a heartbalm action?
A heartbalm action is a civil suit for money damages based on damage to a jilted party’s reputation, including breach of a promise to marry.
Gifts given in contemplation of marriage must be returned if the engagement is broken.
What is annulment?
Annulment voids a marriage, declaring it as never valid. If children are born from the marriage, parties must terminate it by divorce.
A void marriage does not need to be judicially dissolved.
What are the grounds for a void marriage?
Grounds include prior existing marriage, incest, and mental incapacity.
A person unable to understand the nature of the marriage contract lacks capacity to marry.
What is the difference between a void and voidable marriage?
A void marriage is treated as if it never happened, while a voidable marriage is valid until judicially dissolved.
Grounds for voidable marriage include age, intoxication, fraud, and duress.
What is the putative marriage doctrine?
The putative marriage doctrine is not recognized in GA.
It typically protects a spouse who believed they were in a valid marriage.
What are the grounds for divorce?
Grounds include no-fault (irretrievably broken) and fault-based (adultery, desertion, etc.).
No-fault grounds require a 30-day waiting period after service.
What is equitable distribution of property?
Equitable distribution refers to a fair distribution of marital property, not necessarily equal.
Marital property includes all property acquired during marriage.
What is the ‘source of funds’ rule?
The ‘source of funds’ rule states that property may be considered both separate and marital based on contributions.
Commingling can transform separate property into marital property.
What is spousal support (alimony)?
Spousal support is income paid by one spouse to support the other when living separately, awarded based on need and ability to pay.
Factors include financial resources, standard of living, and length of marriage.
What are the types of spousal support?
Types include temporary (lump sum) and permanent support.
Temporary support is awarded while divorce action is pending.
What is child support?
Child support is the legal obligation of both parents to support their minor children, regardless of marital status.
Parents cannot deny visitation rights for nonpayment of support.
What is the income-shares model for calculating child support?
The income-shares model ensures a child receives the same proportion of parental income as if the parents lived together.
This model considers both parents’ incomes.
What are the grounds for termination of child support?
Child support terminates when the child reaches age 18, becomes emancipated, or if the child is in secondary school, it may extend to age 20.
Support rights of an employable child depend on compliance with reasonable parental demands.
What are the enforcement mechanisms for child support?
Enforcement includes civil contempt, criminal contempt, and sanctions like tax refund interception and wage garnishment.
The Child Support Recovery Act makes it a federal offense to willfully fail to pay support across state lines.
What are the conditions for support to a child residing in another state?
Support can be enforced if the amount has been unpaid for more than one year or if the amount owed exceeds $5,000.
What are some sanctions for unpaid child support?
Sanctions include interception of tax refund, report to credit bureau, suspension of driver’s/occupational license, seizure of assets, garnishment of wages, and ordering payment of attorney’s fees.
What governs the modification and enforcement of interstate child support?
The Uniform Interstate Family Support Act (UIFSA) governs modification and enforcement.
When does UIFSA apply?
UIFSA applies when the obligor or child resides in a different jurisdiction from where the original order was issued.
How is a registered child support order treated in another state?
Once registered, it is enforceable in the same manner as a child-support order issued by the original state.
Who can modify the original child support order?
Only the issuing state may modify the original support order; the other state’s responsibility is to enforce it.
What are the tax consequences of child support?
A payor cannot deduct child-support payments or include them as income.
What is a parenting plan?
A parenting plan addresses where the child will spend each day, how vacations and breaks will be spent, transportation arrangements, and decision-making authority.
What is legal custody?
Legal custody is the right of a parent to make major decisions about the child’s life, such as health, education, and religion.
What is physical custody?
Physical custody is the right of a parent to have the child reside with them and provide routine daily care.
What are the requirements for joint custody?
Parents must be willing and able to cooperate regarding the child’s well-being.
What is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?
The UCCJEA aims to prevent jurisdictional disputes with courts in other states regarding child custody and visitation.
What is home-state jurisdiction?
A court has jurisdiction if it is the child’s home state at the time of the proceeding or was the home state in the past six months.
What is significant-connection jurisdiction?
A court can enter or modify an order if no other state has home-state jurisdiction, and the child and at least one parent have a significant connection with the state.
What is exclusive-continuing jurisdiction?
A court that makes the initial ruling in a custody case has exclusive jurisdiction until the parties no longer reside in the state or the child lacks a significant connection.
What is the best-interests-of-the-child standard?
This standard determines custody based on the best interests and welfare of the child, without considering race or religion.
Can a child’s preference be considered in custody decisions?
A child aged 14 or older has the right to select the parent with whom they will live, unless it is not in the child’s best interests.
What is the role of a guardian ad litem?
A guardian ad litem is a court-appointed attorney who advocates for the child’s preferences and acts on their behalf.
What is the standard for visitation for a noncustodial parent?
A noncustodial parent is allowed reasonable visitation unless it would seriously endanger the child’s health.
What is required for third-party visitation?
A fit parent has the fundamental right to decide on third-party visitation, and visitation may be granted to stepparents and same-sex nonbiological coparents.
What happens if a custodial parent dies?
The surviving parent is usually awarded custody of the child.
What is required for parental consent for medical care?
Parental consent is required for medical treatment unless it is an emergency.
What is a premarital agreement?
A premarital agreement is enforceable if there is full disclosure of financial status, it is fair and reasonable, and voluntary.
What are the grounds for involuntary termination of parental rights?
Grounds include child abandonment, insanity, nonconsensual conception, or failure to exercise proper parental care.
What rights do adopted children have?
Adopted children have all the rights and responsibilities of biological children, and no visitation is permitted with biological parents unless allowed by adoptive parents.
What is the process for obtaining relief from family violence?
An ex parte order can be issued, followed by a hearing for permanent relief after notifying the defendant.
What is the age at which a child can consent to medical treatment?
Children may consent to medical treatment if they are over a certain age; otherwise, parental consent is needed.
What is emancipation?
Emancipation occurs when a child has all the duties and obligations of an adult, and parents have no duty to support.
What is intra-family tort immunity?
Parents are immune from tort suits brought by their children.
