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37 Cards in this Set
- Front
- Back
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What are the formalities for a prenuptial agreement?
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1. Writing
2. Signed 3. Real property must be properly acknowledged 4. Enforceable without consideration |
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What NC statutes make a sexual relationship illicit?
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a. Adultery
b. Fornication |
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What type of disclosure is required in prenuptial agreements?
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Voluntary full disclosure.
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What is a breach of the promise to marry considered, and what does it entail?
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1. Heart-balm action
2. Non-breaching party has cause of action and the groom gets the ring back. |
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What are the procedural requirements necessary to get married?
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1. License
2. Ceremony |
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What are the requirements for a valid ceremony?
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1. Consent between the parties
2. Conduct in the presence of each other 3. Proper officiant |
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What are the substantive requirements necessary to get married?
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1. Capacity
2. Age 3. Kinship - no nearer than 1st cousins 4. Gender - opposite sex |
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Are valid marriages entered into in another state valid/recognized in NC? Exceptions?
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Yes. Except same-sex and bigamous marriages.
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What are the other two heart-balm actions?
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1. Alienation of affections
2. Criminal conversation |
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What are the elements for alienation of affections?
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1. love and affection
2. destroyed 3. wrongful act of 3d party were the cause of the destruction. |
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What are the elements for criminal conversation?
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1. Marriage
2. Sexual intercourse by 3d party with a spouse of the marriage. |
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During a marriage, what contract subject matter (content) is ok between spouses? What is not ok?
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Conveyances
Equitable distributions Alimony agreements are not ok. |
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What is the spousal privilege?
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1. confidential communication
2. during the marriage, shared because of 3. the trust in the marital relationship |
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How can a marriage be ended?
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Annulment
Divorce |
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When is a marriage voidable?
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impotence, fraud, pregnancy (false representation of)
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When is a marriage void ab initio?
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Bigamous marriage, same-sex marriage.
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What are the two bases for obtaining a divorce?
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Insanity
1 year separation |
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What must be proven in order to obtain a divorce for insanity?
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1. incurable insanity of a spouse
2. 2 physicians (1 psych) from state medical schools 3. separation of 3 years 4. alimony til death |
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What are the elements for a no fault divorce?
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1. one party must be in NC for at least 6 months
2. Valid marriage 3. physical separation for 12 months |
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What are the requirements in order to obtain postseparation support (temporary alimony)?
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1. dependent supporting spouse
2. equitable considering all of the factors. |
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What are the requirements for permanent alimony to be granted?
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1. dependent and supporting spouse
2. equitable considering all factors |
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What is the standard for modification of alimony?
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Substantial change of circumstances.
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What is marital property?
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Property acquired after the marriage, before separation, by labor of the marriage.
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What is separate property?
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Acquired before the marriage or by gift from a 3d party to one of the spouses after separation.
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How is divisible property handled by the judge?
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Just can divide 4 kinds of post-separation property interests that arise after separation before date of distribution:
1. passive increases or decreases in the value of marital and divisible property 2. property received after date of separation as a result of pre-separation labor 3. passive income from marital property 4. increases and decreases in marital debt |
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What is the rule regarding partly marital/partly separate property and what does it do?
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Source of funds rule - to the extent a spouse can trace the source of an item of property to separate funds, to that extent the property is separate property.
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How are retirement benefits divided?
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years of marriage that coincide with employment divided by years of employment.
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What are the requirements for an enforceable separation agreement?
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1. writing
2. signed 3. acknowledged |
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What is incorporation?
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making a separation agreement a party of a court order
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What is integration?
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providing that the provisions of the agreement for alimony and property division are reciprocal consideration for each other.
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How does incorporation change the standard for modification and enforcement of a child's custody/support provisions?
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Changes from "best interests" to substantial change in circumstances.
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What is reconciliation and how is it proved?
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Voluntary renewal of the husband/wife relationship. Proved by a totality of the circumstances, not isolated acts of sexual intercourse.
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What is the Petersen presumption?
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A parent has a right to custody over a non-parent 3d party unless judge finds neglect or parent is unfit or parent has exhibited other conduct inconsistent with the parent's protected status.
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What is required for a modification of custody decrees?
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Substantial change of circumstances affecting the child.
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What are the 3 most important bases for initial custody jurisdiction under the UCCJEA?
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1. home state - where child resided for last 6 months.
2. significant connection jurisdiction - child and a parent have significant connection to the state. 3. emergency - child is in state and threatened with harm |
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When can another state modify a prior state's custody order?
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Only if the original state no longer has jurisdiction.
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What does the UIFSA (Uniform Interstate Family Support Act) do?
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1. establishes a local child support order
2. which can be enforced in a foreign jurisdiction |
