Domestic Relations

Front 1

What are requirements for a prenuptial agreement?

Back 1

1) Must be in writing
2) Must have gotten married with no cancellation of wedding
3) Can't be product of duress
4) Can't be unconscionable

Front 2

How much consideration is required for a prenuptial agreement?

Back 2

NONE!

Front 3

What are requirements for marriage?

Back 3

1) Capacity
2) License
3) Ceremony
4) Witness
5) Exchange of Promises

Front 4

What's the curing statute for marriages provide?

Back 4

A defect in license/authority of marriage is fine if wedding was done in good faith

Front 5

What are the reasons for a void marriage? (3)

Back 5

1) Bigamy
2) Incest
3) Parties underage

Front 6

What are rules in regard to age for marriage?

Back 6

1) 18 years old to get married,
2) 16 or 17 year old can get married if consent of one parent
3) Someone under 16 if pregnant who proposes to father with consent of a parent

Front 7

What are voidable marriages? (8)

Back 7

1) Lack of mental capacity
2) Duress
3) Fraud
4) Misrepresentation about procreation
5) Misrepresentation about ability to have sex (Incurable impotency)
6) Felony without other party knowing
7) Wife pregnant of another man and did not tell husband (or husband fathered another child)
8) Wife was a whore and did not disclose

Front 8

How does a VA court have SMJ over a divorce?

Back 8

1)One spouse domiciled in Virginia +
2) resided in Virginia for 6 months proceeding action

Front 9

How does a VA court have long-arm personal jurisdiction over divorce?

Back 9

1) Child conceived in Virginia
2) Execute minor custody agreement
3) Militarily station in Virginia

Front 10

What's a divorce a mensa et thoro

Back 10

Legal Separation

Front 11

What's a divorce from bed and board (legal separation called?)

Back 11

Divorce a mensa et thoro

Front 12

What's a divorce a vinculo matrimonii?

Back 12

A Full divorce from the bonds of marriage?

Front 13

What's a full divorce called in Virginia?

Back 13

Divorce a vinculo matrimonii

Front 14

What are the 3 reasons for a fault divorce?

Back 14

1) Clear and convincing evidence of adultery, sodomy, or buggery
2) Conviction of a felony
3) Cruelty or desertion

Front 15

What is cruelty in Virginia?

Back 15

Behavior that poses danger to life or health of victimized spouse

Front 16

What are requirements for desertion for divorce?

Back 16

1) Unjustified departure
2) No consent
3) With intent to desert

Front 17

What are the affirmative defenses to a fault divorce? (5)

Back 17

1) Condonation
2) Connivance
3) Dirty Hands
4) Recrimination
5) For Adultery et al parties cohabited for 5 years after knowledge

Front 18

What is required to prove a fault divorce?

Back 18

Corroboration of some kind

Front 19

At what period of time do you measure whether property is marital or separate?

Back 19

When it is ACQUIRED

Front 20

What is separate property? (4)

Back 20

1) Property acquired BEFORE marriage
2) Property acquired during marriage by bequest, descend, survivorship, or inter vivos gift
3) Proceeds from a sale or exchange of property
4) Property acquired AFTER divorce

Front 21

What is marital property?

Back 21

All property acquired while marriage is in existance (except what is listed as separate property)

Front 22

What's the goal in distributing marital property?

Back 22

equitable distribution

Front 23

What are factors to be considered in dividing up marital property?

Back 23

1) Age and health
2) MEdical Problems
3) Duration of marriage
4) Incidences that led to divorce
5) How/when assets acquired and their liquidity
6) Tax Consequences
7) Debt allocation
8) Pre-Nuptial agreement

Front 24

What CANNOT be considered in distribution of property?

Back 24

ALIMONY

Front 25

How do you rebut 50/50 presumption in division of marital property?

Back 25

YOU CAN'T BECAUSE THERE IS NO SUCH THING.

Front 26

What is pre-divorce alimony called?

Back 26

pendente lite

Front 27

When will alimony not be approved?

Back 27

1) Void Marriage
2) Adultery, unless substantial injustice

Front 28

What factors are to be determining alimony?

Back 28

1) Job
2) Age
3) Skill
4) Educational Attainment
5) Property
6) Fault

Front 29

How is alimony changed?

Back 29

1) Showing bona fide change of circumstances

Front 30

What effect does cohabitation have on alimony?

Back 30

Only a factor in modifying alimony if after a year

Front 31

What is effect of marriage on paternity?

Back 31

It is a VERY STRONG presumption of paternity even if marry after conception

Front 32

What does Virginia have jurisdiction to make custody determination?

Back 32

1) VA made initial order involving custody (Continuing and Exclusive Jurisdiction)
2) VA is home state of child
3) No other state has home state jurisdiction AND child and at least one parent have 1) Substantial connection with VA and 2) Substantial Evidence is in VA

Front 33

'What is the "home state of a child" (2)?

Back 33

1) State where child resides and has lived there for 6 months
OR
2)Parent still lives in Virginia without child

Front 34

What standard governs child custody?

Back 34

Best interests of child

Front 35

What effect of custody battle between parent and non-parent?

Back 35

There is a STRONG PRESUMPTION the best interests of the child is to live with a parent

Front 36

What are responsibilities of a custodial parent who wants to move?

Back 36

1) Notice to court 30 days before move
2) Move must be in best interest of child

Front 37

When can a child be emancipated?

Back 37

1) Child reaches 16 AND
A) MARRIED
b) active duty military
c) Moved out with consent of parents and can support oneself

Front 38

What are the rules regarding grandparents visitation?

Back 38

1) Best interests of child
2) UNLESS biological parents say no, then grandparents need to show denial of visitation would cause SERIOUS DETRIMENT to child

Front 39

What can child support be modified?

Back 39

1) Material change of circumstances

Front 40

What happens if supporting parent starts making a lot more money?

Back 40

Can be ordered to pay more even if child's needs are met

Front 41

What is effect of custodial parent getting remarried and having a new family for child support purposes

Back 41

NOT A MATERIAL CHANGE OF CIRCUMSTANCES

Front 42

What is generally necessary for adoption?

Back 42

1) Consent of parents -- if biological parent must be done 10 days after birth
2) Consent dispensed

Front 43

When is consent dispensable?

Back 43

1) Clear and convincing evidence of NEGLECT, abuse, or abandonment