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34 Cards in this Set
- Front
- Back
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Family Law Courts |
Courts of Equity |
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In Family Law Courts, they only care about |
The welfare of the children AND the children are referred to as real people by the courts |
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One Family = |
One Judge once a judge is assigned to the family, the judge sees the case through to the end even when PPOs and other matters are held and decided |
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Michigan Requirements for Marriage: |
a. individuals cannot already be married to other people
b. age for marriage is 18 OR between the ages of 16-18 with parental consent
c. marriage MUST be between a man and woman
d. individuals mus meet certain degrees of consanguinity (related by blood) & affinity (step-parent)
e. individuals cannot be mentally incompetent
f. individuals cannot enter the marriage under fraud or duress |
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Is Common Law Marriage applicable in MI? |
NO! CL marriage was abolished in 1957. **Note: MI recognizes legal common-law marriages from other states and those entered into BEFORE 1957 |
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Is marriage presumed valid? |
Yes. There is a presumption that marriages are valid because of the children, but when the facts show other wise, the presumption is no longer extended |
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Grounds for Divorce in Michigan |
a. Michigan is a NO FAULT state
b. the court has the power to terminate the relationship between the parties REGARDLESS of who was at fault
c. fault DOES play a role in the court's determination of child custody, ppty rights, and spousal support |
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What is the sentence that MUST be included in all divorce proceedings in Michigan? |
there has been a break down of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved |
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Affidavit of Parentage: Who signs? |
A man usually signs an affidavit of parentage
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What is an affidavit of parentage? |
an affidavit giving the mother custody, a mother has custody UNTIL an order is entered by the court |
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Why is the affidavit of parentage necessary? |
a. if the father tries to kidnap or take the child, the affidavit of parentage IS enforceable AND the father MUST return the child back to the mother
b. Because the affidavit of parentage is an enforceable document, if it is not followed, the mother may take it right to the court to be enforceable
c. the affidavit of parentage DOES NOT state whether custody is legal or physical |
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Acts associated with establishing paternity |
a. the paternity act (most common) b. the acknowledgement of parentage act c. uniform interstate family support act d. revocation of acknowledgment of parentage act e. adoption act f. workers compensation act |
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if a child is born out of wedlock, can a man establish paternity? |
Yes, the man may establish paternity
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What is a child born out of wedlock? |
a. a child born of parents not legally married to one another
b. a child conceived and born to a woman who is unmarried from conception to birth of the child
c. a child born, however, the child is not the issue of the marriage
d. a child determined by judicial notice or otherwise who is conceived or born during a marriage but not the issue of the marriage ( a married woman has a baby by someone else and the husband is not the father) |
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Are children born during a marriage presumed to be as a result of the marriage? |
Yes. there is a strong presumption of marriage as it relates to children being born and the two parties are married |
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Can you establish paternity under the child support act? |
NO! Paternity MUST!!! be established by affidavit of parentage or under another act |
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Can you get retroactive child support? |
No one cannot get retroactive child support UNLESS the party establishes that they were under duress and could not file action against father to get support. |
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what are confinement expenses? |
confinement expenses are the amount to the cost of the birth. |
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who pays for the confinement expenses? |
a. the court may determine who pays the confinement expenses through an equitable stand point
b. may amount to an equal split of expenses if both parents make around the same amount of money |
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If the father of the child is out of state and you're trying to get a support order, how do you establish jurisdiction? |
In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of the state may exercise PJ over a non-resident individual or individual's guardian 1 of 8 reasons are satisfied |
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What are the ways to get PJ (personal jurisdiction)? |
a. personal service with citation, summons, or notice within this state (international shoe)
b. individual SUBMITS to the jurisdiction of this state by CONSENT, by entering a general appearance, OR by filing a responsive document having the effect of WAIVING a contest to PJ (** as an atty, to avoid malpractice, enter a special appearance to contest jurisdiction, and submit to jurisdiction)
c. the individual resided with the child in this state
d. the individual resided in this state and provided prenatal expenses or support for the child
e. the child resides in this state as a result of the individuals acts or directives
f. the individual engaged in sexual intercourse in this state and the child MAY have been conceived by the act of intercourse
g. the individual asserted parentage in the parentage registry maintained in this state
h. there is another basis consistent with the constitutions of this state and the US for the exercise of PJ |
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what does the other party get once paternity is established? |
an ORDER OF AFFILIATION |
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what is in an order of affiliation? |
a. state who the parents are
b. states who has legal custody
c. outlines child support
d. outlines family and parenting time
e. establishes who initially pays for medical expenses |
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family law courts have jurisdiction over what? |
a. custody
b. support-child and spouse
c. child abuse and neglect
d. paternity
e. adoption
f. domestic violence (ppo)
g. delinquency
h. emancipation
i. emancipation
j. divorce
k. abortion (parental consent)
l. name changes
m. guardianship |
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Is Michigan a fault based state? |
NO! Michigan is a NO FAULT STATE
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What is marriage? |
state contract that creates rights and entitlements |
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What is a void marriage? |
a void marriage is like me marriage never existed. |
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what is a voidable marriage? |
you can dissolve it if you choose |
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does MI have annulments? |
yes, Michigan does |
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What is the effect of an annulment? |
The effect of an annulment is that it acts as if the marriage never occured |
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What is the basis for an annulment? |
1. marriage has not been consummated 2. certain degrees of consanguinity and affinity 3. not of proper marrying age 4. mentally incompetent 5. fraud or duress 6. undisclosed sterility and impotency |
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How long does a plaintiff filing for divorce have to live in Michigan? |
Plaintiff MUST reside in MI for 180 days |
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How long does a plaintiff filing for divorce have to reside in the county where the complaint was filed? |
the plaintiff must reside in the county where the complaint was filed for at least 10 days |
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where does family law come from? |
it comes from the ecclesiastical courts |
