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19 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Initial Finding of Committed Intimate Relationship
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CDPPI
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Continuity, Duration, Purpose, Pooling, Intent
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Characterization of Property
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TSA
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TSA: Time acquired, Source, Agreement
Time Acquired: during marriage presumed to be CP Source: acquired with community funds is CP; acquired with separate is SP Agreement: can designate property by written agreement |
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Domestic Partnership Agreements
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SURE
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Must Share a household, be Unmarried, Register with the state, and be Eighteen.
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Presumed Separate Property
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PIG
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Pain and Suffering of One Spouse or DP Alone, Inheritance to One Spouse or DP Alone, Gift to One Spouse or DP Alone
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Community Property Agreements (i.e. Prenups)
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DOG
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Disclosure, Opportunity for Independent Counsel, and Good Faith
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Factors Affecting a “Just and Equitable” Distribution
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DEP
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Duration, Economic Circumstances, Property Amount
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Rehabilitative Maintenance
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4 E's
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Employment, Experience, Education, Earning capacity
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De Facto Parents
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SCUBA
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Same Household, Consent and foster relationship, Unequivocal role in child’s life, Bonded relationship over time, Assumed financial obligations
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Validity Requirements
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SWC - RULA
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solemnization, witness, certificate, relationship (not cousins), unmarried, age, license
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NA: When Community Liable for Separate Debts
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-spousal maintance, child support from prior divorce, judgments w/I 3 years of marriage.
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NA: Life Insurance
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If whole-life: Apportionment Rule (amounts before/after marriage are SP, during marriagfe CP); if employment benefit: ERISA (predeceased at divorce, except with ERISA)
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NA: Pseudo-CP
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In CIR, it's what would have been CP. No SP can be touched.
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NA: Quasi-CP
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Couples moving from CL state to WA
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NA: Date of separation.
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Permanent, physical separation
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NA: Grounds for Invalidity
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Age, prior marriage, consanguinity, capacity, fraud/duress, void out of state
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NA: Dissolution
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No fault, "irretrievably broken". Venue anywhere, where either party/kids live. Misconduct can't be considered. 90 day waiting period.
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NA: Residential placement considerations
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historical involvement in meeting needs, strength of relationship, emotional stability, harmful behaviors
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NA: Uniform Parentage Act
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Presumption of paternity in marriage, 300 days after, if marry after and acknowledge bay-bay. Any party may bring pat action. Non-exist w/I 2 years. Factors for genetic testing. Court may deny/estop.
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NA: Adoption
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Must consent in writing or have rights terminated. Set aside for 1 year. Must give notice 20 in state, 30 out of state.
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