Family Law - Pa

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FAMILY LAW - PA

Duties of Marriage

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1) Sexual exclusivity

2) Reciprocal Economic Support

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FAMILY LAW - PA

Common Law Marriage Prior to January 1, 2005 Elements

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1) Capacity to enter into marriage;

2) Present intent to enter into marriage;

3) Cohabitation and reputation are evient

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FAMILY LAW - PA

Two ways to dispose of marriage

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1) Divorce => based on grounds caused after marriage;

2) Annulment => based on grounds prior to marriage

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FAMILY LAW - PA

Grounds for an Annulment

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There is an impediment on the marriage

1) Void marriage;

2) Voidable marriage.

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FAMILY LAW - PA

Marriage is void if:

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1) Prior to existing marriage of one or both parties;

2) Incest;

3) Lack of mental capacity or intent.

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FAMILY LAW - PA

Marriage is voidable if:

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1) Under 16 w/o court authorization;

2) Under 18 w/o parental permission *

3) Either party under the influence of drugs or alcohol*

4) Incurable impotence

5) Fraud, duress, coersion or force.

* Must be done within 60 days

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FAMILY LAW - PA

Areas essential to marriage where fraud makes marriage voidable or not voidable

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1) Religion

2) Procreation & Sex;

3) NOT money misrepresentation

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FAMILY LAW - PA

Requirement to File for Divorce in PA

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1) One party must have domicile in state (SMJ);

2) 6 month residency by filing party (SMJ);

3) Personal Jurisdiction

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FAMILY LAW - PA

Grounds for Divorce in PA

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1) Adultry
2) Bigamous marriage
3) Cruel & barbarous treatment
4) Desertion
5) Imprisonment
6) Indignities
7) Insanity
8) No Fault

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FAMILY LAW - PA

How adultry is proven

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Circumstantial Evidence indicating the party has

1) opportunity;

2) inclination to comit adultry

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FAMILY LAW - PA

Requirements for Imprisonment for Divorce Purposes

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Spouse is sentenced to an imprisonment for a term of two or more years

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FAMILY LAW - PA

What must offending spouse show for indignities grounds for divorce

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1) A continuing course of conduct;

2) Conduct renders injured spouse's condition intolerable and life burdensome.

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FAMILY LAW - PA

What must be shown for Insanity Grounds for Divorce

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1) Spouse has been confined to mental institution for at least 18 months before filing complaint;

2) No real prospect of spouse being discharged from impatient care for 18 months after filing.

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FAMILY LAW - PA

What needs to be shown in a Bilateral No Fault Divorce

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1) Consent of both parties;

2) Marriage is irretrievably broken;

3) 90 days have passed since commencement of action

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FAMILY LAW - PA

What needs to be shown for Unilateral No Fault Divorce

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1) Parties have lived separate and apart for 2 years;

2) The marriage is irretrievably broken.

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FAMILY LAW - PA

What is meant by Separate and Apart?

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Complete cessation of cohabitation shown by evidence of financial social & sexual independence.

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FAMILY LAW - PA

Defenses to Divorce Actions

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1) Condonation;
2) Connivance;
3) Collusion;
4) Recrimination;
5) Provocation;
6) Insanity

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FAMILY LAW - PA

What must be shown for Condonation Defense to Divorce

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1) Knowledge for the marital misconduct;

2) Forgiveness of the marital misconduct;

3) Resumption of marital relations;

* Complete defense for adultry

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FAMILY LAW - PA

What is Connivence?

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The corrupt consent to spousal adultry.

Entrapment

Complete defense to adultry.

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FAMILY LAW - PA

What is the Collusion Defense?

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Unlawful agreement to fabricate grounds for divorce or annulment.

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FAMILY LAW - PA

What is the Recrimination Defense to Divorce?

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A showing of equal fault of like conduct.

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FAMILY LAW - PA

Exceptions to Marital Property for Equitable Distribution

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1) Property acquired before marriage;
2) Property acquired by gift;
3) Property acquired after separation;
4) Property excluded by agreement;
5) Veteran Disability Payments;
6) Property of award or settlement for COA prior to marriage;

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FAMILY LAW - PA

Factors Considered When Distributing Marital Property

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1) Length of marriage
2) Age, health of parties
3) Income of parties;
4) Contribution of both parties to marital property;
5) Standard of living of parties;
6) Economic circumstances;
7) Custodian of minor children

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FAMILY LAW - PA

What is Alimony?

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Periodic payments to spouse for maintenance pursuant to divorce decree that survives the divorce

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FAMILY LAW - PA

When does Alimony Terminate?

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1) A Specific agreed upon time;

2) Remarriage of recipient;

3) Cohabitation of recipient with member of opposite sex;

4) Death of other party unless otherwise stated.

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FAMILY LAW - PA

Alimony Pendente Lite

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Money paid temporarily to a financially dependent spouse during the pendency of divorce litigation or annulment proceedings

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FAMILY LAW - PA

What is Paternity Presumption

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Child born into a marriage is a child of the marriage.

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FAMILY LAW - PA

When is child support terminated?

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1) When child reaches age of 18

2) When the paying parent dies

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FAMILY LAW - PA

When will child Support be Modified?

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Upon showing by either party of a material and substantial change in circumstances.

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FAMILY LAW - PA

What is UIFSA?

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UNIFORM INTERSTATE FAMILY SUPPORT ACT

To simplify collection of support when original support order was issued in one jurisdiction, but obligor or child reside in another.

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FAMILY LAW - PA

How does UIFSA work?

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1) Direct enforcement through income withholding

2) Registration of order in obligor state to ensure no conflicting orders issued.

For ambiguous fact patterns say:
Although it can be argued that the element is (not) present because (fill in info from fact pattern) the better arguement is that it is (not)(present)because (fill in info from fact pattern)