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24 Cards in this Set

  • Front
  • Back
What are the 5 grounds for a "void" marriage?
1) Bigamy
2) Incest
3) Nonage
4) Same sex
5) Defective licensing/solemnization
What are the 8 grounds for a voidable marriage?
1) Fraud affecting the "essentials" of the marriage
2) Duress
3) Mental incapacity
4) Incurable impotency
5) Felony conviction before marriage w/o other's knowledge
6) Wife's pregnant w/ other man's baby at time of marriage
7) Husband has fathered child with other woman that is born within 10 months after marriage without wife's knowledge
8) One party has been a prostitute before marriage w/o other's knowledge
What are the effects/defenses of a void marriage?
-Complete nullity w/o court order
-Cannot be ratified
-ONLY DEFENSE is that the impediment never existed
What are the effects/defenses of a voidable marriage?
-Marriage is valid until annulment declared
-Can be ratified
-Impediment didn't esist
-Ratification (continuing relationship after impediment revealed)
-Lack of proper jurisdiction
-Failure to meet BOP
-Claim barred by res judicata
What is the Uniform Interstate Family Support Act (UIFSA)?
-Provides a method to enforce support duties across jurisdictional lines
-Retains jurisdiction of a nonresident obligor
What is an antenuptial agreement and what are the requirements of a valid antenuptial agrmt?
-It is a premarital agreement governed by the Uniform Premarital Agreement Act
-Must be in writing and signed by both parties
-They are enforceable without consideration
What is legal separation called in VA?
Divorce a Mensa et Thoro or "a Mensa" for short."
What are the grounds for Divorce a Mensa in VA?
Grounds for a Mensa (legal sep) are:
1) Cruelty and reasonable apprehension of bodily harm
2) Abandonment and desertion
What are the defenses for Divorce a Mensa in VA?
-Denial of the grounds (cruelty and reasonable apprehension of bodily harm, abandonment and desertion)
What are the grounds for Divorce a Vinculo Matrimonii?
-Absolute divorce grounds are:
1) Adultery, sodomy, or buggery committed outside marriage
2) Conviction of felony with incarceration > 1 yr
3) Cruelty and reasonable apprehension of bodily harm for 1 continuous yr
4) Abandonment and desertion for 1 continuous year
5) Separation with no cohabitation for one continuous year (or six months if parties have a separation agreement and no minor children)
What are the defenses for at-fault divorce a Vinculo Matrimonii?
1) denial of the grounds
2) connivance (entrapment)
3) collusion
4) condonation (forgiveness + cohabitation)
5) recrimination (countercharge that the other party is at fault on other grounds -- result = no at-fault divorce for either)
6) Special defenses to adultery, sodomy, or buggery: (i) voluntary cohabitation after knowledge of adultery, sodomy, buggery; (ii) five years have elapsed; (iii) crime was committed by procurement or connivance of the party alleging suit
What property is considered separate property at the time of equitable distribution of marital property?
All property acquired:
1) Before marriage
2) During marriage by bequest, descent, survivorship, or gift
3) In exchange for or fron proceeds of the sale or exchange of separate property, AND
4) After the last separation
Also includes:
5) Income received from and passive appreciation of separate property
What is marital property?
All property titled in both names and all property acquired during marriage not separate property
What is pendente lite?
-Awards that may be ordered by the court during the pendency of the suit
-Includes child/spousal support
What are the bars to spousal support?
1) If marriage is found to be VOID --- no authority for equitable distribution or spousal support
2) Adultery is an absolute bar to spousal support unless it would result in "manifest injustice" (if both parties are guilty of adultery, could award spousal support in a nofault divorce)
What are some factors in determining custody?
MOST IMPORTANT = best interests of the child; no presumption in favor of either parent
-age/phys condition of all parties
-relationship between each parent and child
How can paternity be proven?
1) Written statement of father and mother made under oath
2) DNA tests that show at least 98% probability of paternity
What consent is necessary for adoption?
1) both parents' must consent (cav: unwed father must consent unless ID not ascertainable or he was given notice and failed to object w/i 21 days)
2) if child over 14, child's consent (cav: unless ct determines it's in the child's best interests)
What is the UCCJEA?
Uniform Child Custody Jurisdiction and Enforcement Act
-A determination of custody must be made in the home state
-The initial state's custody order cannot be modified by any other jurisdiction
When does desertion/abandonment ripen into a ground for a Vinculo divorce?
After 1 year
How can a party get a no-fault divorce?
-If both parties agree and no kids, sign a separation agreement, live separately for 6 months
-If only one party wants or there are children, must live separately for 1 year and completely abstain
What are the key factors in determining equitable distribution of marital property?
1) Age and health of spouses
2) Length of marriage and contribution to the wellbeing of the family
3) Circumstances leading to the dissolution of the marriage
4) Debts of the marriage and nature of the debts
5) Tax circumstances
-debts apportioned like assets
-property division made w/o respect for alimony awards
What is the "parent generosity" rule?
VA's rule that states changes in child support may be based on need or a parent's increased ability to pay
Can spousal support orders be modified?
GR: yes
EX: if private agreement did not include a provision for spousal support or reserve the right to later seek, that right is extinguished in the divorce decree