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6 Cards in this Set
- Front
- Back
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In re Marriage of Monti
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Putative Spouse - Marriage was going to be voidable - Spouse had good faith reasonable belief there was a marriage. So they will receive same rights/benefits upon ending of relationship as if they were married.
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In re Marriage of Tucker
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Pension divided per Florida law. Florida is an equitable division state, so wife gets less, not a Community Property state (Calif) where it's 50/50
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In re marriage of Baragry
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Date of Separation Issue - no intent marriage was over, so affected date of separation. The ultimate (financial) issue in debate was whether husband’s earnings from 1971, when he physically removed himself from the family residence, until 1975, when he finally filed a Petition For Dissolution, were community or separate earnings.
On the facts presented, Baragry held the date of separation was 1975 when the Petition For Dissolution was filed. |
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Kulko v. Calif. Superior Court
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Because children lived in Calif, does not confer Personal Jurisdiction for child support. Synopsis of Rule of Law. In order to establish personal jurisdiction a defendant must have certain minimum contacts with the forum State so as not to offend traditional notions of fair play and substantial justice.
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In re Marriage of La Musga
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Move Away Cases - 1. Custodial parent does not have to establish that a move is necessary. 2. Non Custodial parent bears initial burden of showing move would cause detriment to children. 3. If non-custodial parent makes showing of detriment, then court has to re-examine custody under Best Interest standard. 4. Impact of proposed move of non-custodial parent's relationship with the children is relevant factor in whether move is detrimental to children.
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in re Marriage of Simpson
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This case concerns whether a court may consider the significant overtime a spouse worked during the marriage in determining his or her ability to make support payments. Issue is Imputation of income and earning capacity, ruling must be fair & reasonable to both parties.
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