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21 Cards in this Set
- Front
- Back
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What are the 3 problems the court must consider when dividing property in Oklahoma?
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Classification (marital vs. seperate)
Value Division |
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what is the rule for property owned prior to a marriage?
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owned prior to marriage means it is separate
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What is the "source of funds rule"
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the source of the funds used to purchase property used to determine if marital or separate
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What is the passive active distinction
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passive income on seperate property is considered seperate but active is considered marital
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How is alimony determined
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1) ability of working spouse to pay
2) need of nonworking spouse? |
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how do we determine need of nonworking spouse
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factors:
previous lifestyle, conduct of the parties, financial need, earning capacity, financial means length of marriage physical condition of the wife. |
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Tell your client about Alimony
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1. What it is
2. Tax consequences 3. Why/When it is appropriate 4. Sum Certainty |
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how is need defined?
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costs
income time |
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When will a prenup be inforceable?
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1. Is it a fair and reasonable provision made for the opposing party
2. If not, was a full, fair and reasonable disclosure of other spouse’s worth made prior to the agreement 3. If neither, did the challenging party in fact have a generally accurate knowledge of the other party’s worth |
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how do you as a practitioner make sure your prenup will hold.
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* Time make sure you have enough time to draft a proper agreement and find out client’s needs
* Lawyers for both sides not required but advisable * Full and Complete Disclosure of Assets not required but advisable * Time to Look over the Agreement * Put in Choice of Law Clause * Non-Waiver Clause * Right to Amend Clause * Signing Ceremony isn’t a bad Idea |
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What are settlement agreements
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When parties agree outside of court to s a certain arragnement, then presented to the judge who either grants or denies.
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What is the advantage of a settlement agreement?
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1. Less work for the courts
2. Can create arrangements that the court cannot order. (joint ownership) |
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On what grounds may a judgment be challenged?
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1. Subject Matter Jurisdiction
2. Personal Jurisdiction 3. Jurisdiction over the Judgment jurisdiction to enter the judgment or particular order |
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If a consent governs a divorce settlement how are issues handled that are not addressed in the decree?
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According to the provisions of general law.
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If a consent decree is facially ambiguous what may the court do?
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only if the judgment is ambiguous on its face may the court “construe” it.
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What must be done for parties to a consent decree to contract away their legal rights?
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It must be specifically stated that the party is relinquishing his/her legal rights.
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what is the theory of Child support in OK?
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Minimize the economic impact of divorce on children.
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What is income?
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Includes but not limited to: wages, commissions, bonuses, dividends, severance pay, pensions, rent, interest income, trust income, annuities, SS, workers comp benefits, unemployment benefits, disability benefits, gifts, and prizes.
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how can a person with no income avoid child support?
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Cannot there is an imputation of income and child support will never be set at zero.
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What 3 factors should be considered in the first child support award?
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(1) child’s needs, (2) parent’s ability to pay, (3) prior standard of living.
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How does a minor child change divorce preceedings in OK?
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mandatory 90 day cooling off period waveable by judge at her discretion.
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