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30 Cards in this Set

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1) capacity FAMILY LAW - PA Common Law Marriage Prior to January 1, 2005 Elements

1) Capacity to enter into marriage; 2) Present intent to enter into marriage; 3) Cohabitation and reputation are evient

1) divorce FAMILY LAW - PA Two ways to dispose of marriage

1) Divorce => based on grounds caused after marriage; 2) Annulment => based on grounds prior to marriage

there is an impedimment FAMILY LAW - PA Grounds for an Annulment

There is an impediment on the marriage1) Void marriage;2) Voidable marriage.

1) prior FAMILY LAW - PA Marriage is void if:

1) Prior to existing marriage of one or both parties; 2) Incest; 3) Lack of mental capacity or intent.

1) under 16 FAMILY LAW - PA Marriage is voidable if:

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 impotence5) Fraud, duress, coersion or force. * Must be done within 60 days

1 ) religion FAMILY LAW - PA Areas essential to marriage where fraud makes marriage voidable or not voidable

1) Religion2) Procreation & Sex; 3) NOT money misrepresentation

1) one party FAMILY LAW - PA Requirement to File for Divorce in PA

1) One party must have domicile in state (SMJ); 2) 6 month residency by filing party (SMJ);3) Personal Jurisdiction

1)adultryFAMILY LAW - PA Grounds for Divorce in PA

1) Adultry2) Bigamous marriage3) Cruel & barbarous treatment4) Desertion5) Imprisonment6) Indignities7) Insanity8) No Fault

circmstantial evidence FAMILY LAW - PA How adultry is proven

Circumstantial Evidence indicating the party has1) opportunity; 2) inclination to comit adultry

spousise FAMILY LAW - PA Requirements for Imprisonment for Divorce Purposes

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

1)a continuing FAMILY LAW - PA What must offending spouse show for indignities grounds for divorce

1) A continuing course of conduct; 2) Conduct renders injured spouse's condition intolerable and life burdensome.

1) spouse FAMILY LAW - PA What must be shown for Insanity Grounds for Divorce

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.

1)consent of noth partiesFAMILY LAW - PA What needs to be shown in a Bilateral No Fault Divorce

1) Consent of both parties; 2) Marriage is irretrievably broken; 3) 90 days have passed since commencement of action

1) parties haveFAMILY LAW - PA What needs to be shown for Unilateral No Fault Divorce

1) Parties have lived separate and apart for 2 years; 2) The marriage is irretrievably broken.

complet cessatio FAMILY LAW - PA What is meant by Separate and Apart?

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

1) condonationFAMILY LAW - PA Defenses to Divorce Actions

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

1) kowlegeFAMILY LAW - PA What must be shown for Condonation Defense to Divorce

1) Knowledge for the marital misconduct; 2) Forgiveness of the marital misconduct; 3) Resumption of marital relations; * Complete defense for adultry

the corrupt FAMILY LAW - PA What is Connivence?

The corrupt consent to spousal adultry. EntrapmentComplete defense to adultry.

unlawful FAMILY LAW - PA What is the Collusion Defense?

Unlawful agreement to fabricate grounds for divorce or annulment.

a showin FAMILY LAW - PA What is the Recrimination Defense to Divorce?

A showing of equal fault of like conduct.

1) property FAMILY LAW - PA Exceptions to Marital Property for Equitable Distribution

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;

1) lengh of marriae FAMILY LAW - PA Factors Considered When Distributing Marital Property

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 NOTE: Fault not considered in property distribution. NOTE: Fault is considered in determining alimony.

periodic payments FAMILY LAW - PA What is Alimony?

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

1 a specific agreed FAMILY LAW - PA When does Alimony Terminate?

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.

money pais FAMILY LAW - PA Alimony Pendente Lite

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

child born FAMILY LAW - PA What is Paternity Presumption

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

when child reachesFAMILY LAW - PA When is child support terminated?

1) When child reaches age of 182) When the paying parent dies

upon FAMILY LAW - PA When will child Support be Modified?

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

FAMILY LAW - PAWhat is UIFSA?

what is uifsa-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.

FAMILY LAW - PA How does UIFSA work?

1does uifsa--) 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)