2011 Mee Family Law Dc

Front 1

Can gifts made "in consideration of marriage" be recovered if the marriage does not take place?

Back 1

Generally, yes if considered a condition subsequent to the marriage.

No if mutually agree to not marry or donees fault.

Ex. --> Engagement ring is generally recoverable unless cancellation is fault of donor.

Front 2

Gifts NOT made in consideration of marriage

Back 2

Normal gift principals apply.

Land will pass if:
1) Delivery is made
2) Donor intends to make the gift at the time
3) Donee accepts

Front 3

What are Antenuptial (Pre-marriage) Agreements?

Back 3

Contracts made by the parties prior to marriage.

Must be in writing and be signed by the parties to be charged (Statute of Frauds)

1) Must have been full financial disclosure and acted in good faith.
2) Fair and Reasonable (when made)
3) Enforcement will not result in a grave injustice.
4) Terms of agreement do not violate a statute of public policy.

Exception: Child custody provisions cannot bind a court.

Front 4

What law applies to Antenuptial (Premarital) Agreements?

Back 4

Unless contained within the provisions of the document, the law of the state where executed or with significant relationship governs.

Front 5

Is Marriage a Fundamental Right?

Back 5

Yes, protected by Due Process

Front 6

Common Means of Marriage?

Back 6

Majority - Licenses & Ceremony

Minority - " " or through Common Law Marriage

Front 7

Will Defects Defeat Marriage?

Back 7

An irregularity or an omission will generally not render the marriage invalid if marriage is CONSUMMATED by the parties in good faith believing the marriage is valid.

Front 8

Requirements of Common Law Marriage?

Back 8

1) Intent to enter into "husband and wife marriage"
2) Cohabitation
3) Representing or Holding themselves out as "husband and wife"
4) Legal capacity to marry

Front 9

Burden of Proof in Common Law Marriage?

Back 9

The party attempting to prove its existence.

Must show by a preponderance of the evidence.

Front 10

Will marriage in another state be recognized?

Back 10

Generally yes, unless it is deemed to violate public policy in the non-marriage state.

Front 11

General Limitation to Marriage?

Back 11

1) Same Sex
2) Age
3) Consanguinity (In the Family)
4) Mental Incapacity
5) Physical Incapacity
6) Prior Marriage still In-Force

Front 12

Void Marriages?

Back 12

1) Consanguinity (Blood)
2) Mental Incapacity
3) Bigamy

Front 13

Voidable Marriages?

Back 13

1) Minor (by minor only)
2) Impotence
3) Intoxication
4) Fraud, Duress, Coercion

Front 14

Evidence of Paternity

Back 14

1) Evidence of Sexual Intercourse between mother and D at or near time of conception & child is born as result
2) Expert opinion concerning statistical probability of alleged father's paternity.
3) Blood / Genetic Test
4) Medical evidence based on test by Expert
5) Any other relevant evidence

Front 15

Establishing Paternity under UPA

Back 15

1) An unrebutted presumption when:
a) mother and father married when child is born
b) child is born within 300 days of marriages end
c) filing of paper work declaring as father
d) lived with child for first 2 years of life and held out as his own

2) Voluntary acknowledgment

3) Adjudication of paternity

4) Adoption

Front 16

2 Levels of Burden of Proof in Family Law

Back 16

1) Lower - Presumption of the evidence

2) Higher - Clear and convincing evidence.

Front 17

Standard for Termination of Parental Rights

Back 17

Finding of Parental Unfitness by:

Clear and convincing evidence. (Permanent)

Preponderance of the evidence (Temporary)

Front 18

3 Reasons for Termination of Parental Rights (Permamnent)

Back 18

1) Child abandoned by parent for a substantial period of time (generally more than 1 year)

2) Child has been neglected

3) No parent-child relationship and further attempts at said relationship is detrimental to best interest of the child

Front 19

Standard for Adoption?

Back 19

Best interest of the child

Front 20

Are Contracts for Surrogate Parents Generally Enforceable?

Back 20

Generally NO as against public policy

Front 21

What expenses are spouses generally liable for?

Back 21

1) Medical Expenses
2) Housing Expenses
3) Food and Clothing
4) Necessary Article to Support Family

Front 22

Legal Separation

Back 22

Does not terminate the marriage (not free to marry again).

Meant to provide time to make corrections to the relationship.

Front 23

What can be awarded in Legal Separation?

Back 23

1) Restraining Order
2) Requiring one party vacate homestead
3) Child custody
4) Spousal support based on need
5) Child support

Front 24

Grounds for Divorce?

Back 24

1) Desertion (usually > 1 year)
2) Adultery
3) Impotence
4) Cruelty
5) Imprisonment
6) NonSupport
7) Intoxication
8) Irretrievable Breakdown of Marriage
9) Separation
10) Mental Disorder

Front 25

Defenses to Divorce?

Back 25

1) Proof P is not an innocent or injured spouse (fault-based)
2) Collusion
3) Condonation - one forgives other for marital wrongs by words or act, cohabitation continues for a time
4) Connivance - P facilitates D's marital wrong
5) Recrimination - P committed marital wrong negates D's wrong

Front 26

General Effect of Divorce on Tenancy in Entirety Property

Back 26

Becomes a Tenancy in Common

Front 27

General Division of Property

Back 27

1) Community Property
2) Common Law
3) Equitable Distribution of Property
4) No Classification (All property subject)

Front 28

What Property is not Marital Property?

Back 28

Property:
1) Acquired prior to marriage
2) Excluded by valid agreement
3) Acquired by gift (not between spouses)
4) Acquired by final seperation

Front 29

Spousal Support May Be Ordered Only If:

Back 29

1) Spouse lacks sufficient property to provide for reasonable needs
2) Is unable to support self through appropriate employment or is the custodian of the child.

Front 30

Types of Spousal Support

Back 30

1) Periodic (intervals)
2) Lump-Sum
3) Rehabilitative - Until spouse becomes self-sufficient

Front 31

Factors of Spousal Support (Uniform Marriage & Divorce Act)

Back 31

1) Financial Resources
2) Time Necessary to train or educate for job
3) Standard of Living during marriage
4) age and physical/mental condition
5) ability of paying spouse to meet own needs

Front 32

Modification/Termination of Spousal Support

Back 32

1) Changed Circumstances
2) Death (unless part of estate)
3) Remarriage to another
4) Cohabitation with another

Front 33

Non-Payment of Support Can Result in What Punishment?

Back 33

1) Held in Contempt of Court
2) Prosecution for Non-Support
3) Income Withholding
4) Court Cost & Attorney Fees

Front 34

Failure to Adhere to Custody/Visitation Orders can Result in?

Back 34

1) Contempt of Court
2) Counsel Fees/Expenses
3) Interstate Enforcement (Full Faith & Credit)
4) Federal Kidnapping Laws
5) Modification of Order