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18 Cards in this Set
- Front
- Back
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Who is eligible to get married?
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An individual of
(i) minimum AGE (18 or younger with consent) (ii) that is NOT MARRIED (iii) that has the CAPACITY TO CONSENT, may marry someone who (iv) is NOT CLOSELY RELATED (v) of the OPPOSITE GENDER. |
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When will a court recognize a COMMON LAW MARRIAGE?
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Common law marriage occurs when there is (i) an exchange of consents (ii) cohabitation, and (iii) the parties hold themselves out as married to the public.
IF a valid common law marriage exists in one state, a sister state will recognize it. |
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Contracts Preliminary to Marriage may regard:
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(i) property rights and obligations
(ii) disposition of property in event of dissolution (iii) spousal support in event of dissolution (iv) regulate will construction (v) choice of law Courts will NOT be bound by Child Custody agreements. |
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A contract preliminary to marriage is only enforceable if:
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Entered into voluntarily,
in writing, both parties fully disclose their financial worth, provisions are fair and reasonable. UPAA (uniform premarital agreement act) considers only voluntariness and unconscionability. |
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A marriage is VOID (annulled) if:
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Bigamy, Consanguinity (too closely related), or Nonage (not old enough or lacked consent).
These marriages cannot be ratified. |
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A marriage is VOIDABLE if:
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F: Fraud involving essentials of marriage, like ability to procreate).
I: Incurable physical impotence N: Nonage (but now is old enough to ratify) Lack of capacity (mental incompetence) D: Duress. These marriages stay valid until a declaration of annulment is sought. These marriages may be ratified by continuing in the marriage after the impediment has been removed. |
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When is a DIVORCE a NO FAULT DIVORCE and when is it FAULT DIVORCE?
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No Fault: Marriage is irretrievably broken and/or parties have been living apart for a specified time.
It's your DAAMM Fault: desertion, adultery, addiction, mental cruelty, mental illness. |
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What are the DEFENSES to a fault divorce?
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Collusion: parties agreed to simulate grounds.
Connivance: spouse consented to other spouses misconduct (usually adultery). Condonation: spouse forgave misconduct with full knowledge, marriage resumed. Recrimination: party seeking divorce is also guilty of misconduct (no longer recognized) |
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What is required JURISDICTIONALLY of a party seeking a divorce decree?
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As long as one of the parties was domiciled in the state that granted the divorce, the decree is recognized as valid in all other states.
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How will the property of the marriage be DIVIDED?
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Community Property: previous property is separate, marriage property is split down the middle.
Equitable Division of All the Property: divide all property equitably. Equitable Division of Marital Property: previous property separate, court divides marital property (most common). "Equitable" factors considered: age, education, earning capacity, standard of living, present income, employability, health, needs, child custody, |
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What types of SPOUSAL SUPPORT are available?
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Permanent Periodic Spousal Support: Paid regularly to spouse with no ability to self sustain (only modifiable type, upon a substantial change in circumstances)
Rehabilitative Support: Limited time, enable to become self supporting. Lump Sum: non modifiable fixed amount. Reimbursement Spousal Support: one spouse supported the other while getting a degree. |
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When and how may support obligations be MODIFIED?
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Child and spousal support may only be modified bc of a SUBSTANTIAL CHANGE IN CIRCUMSTANCES.
Other states may enforce support obligations, but may not modify them unless parties have moved, or consent to modification. |
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When may a court determine CUSTODY of a child?
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If the state is the HOME STATE of the child (where lived for 6 months preceding proceedings). Home state maintains jurisdiction until neither child nor parents reside in state OR child no longer has significant connection with the state.
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How will a court determine CUSTODY of a child?
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The court will try to determine the BEST INTEREST OF THE CHILD. Factors include:
- Wishes of child. - Location of siblings. - Primary caregiver parent (gender or money may not be considered). Modified only on substantial or material change in circumstances. |
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When will a court apply JOINT CUSTODY?
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Court will determine if joint custody is appropriate by considering: fitness of parents, if parents want joint custody, child's preference, parents ability to communicate, geography, similarity of homes, etc.
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Who is the parent of a non marital child?
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Every child is the lawful child of his mother, but is the lawful child of father only if: (i) parents married after birth (ii) father holds child out as his biological child (named on birth certificate, acknowledges paternity) (iii) judicial decree establishing paternity.
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When may a child be ADOPTED?
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With consent of the child's natural parents, and the court has jurisdiction: (i) child lived in state for 6 months prior to adoption (ii) adoption agency is in state (iii) adoptive parents are in state with abandoned child (iv) no other state appears to have jurisdiction.
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Alternative to Sexual Intercourse
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In Vitro, Donation of Eggs/Embryo, Intrauterine Insemination: Donor is NOT parent, woman giving birth is MOTHER, Husband of woman giving birth is FATHER.
Gestational Agreements: Written, gestational mother relinquishes her rights as parent, intended parents become the legal parents of the child. Any party may terminate only before pregnancy. Gestational mother makes health decisions. Mitchell's mom. |
