Fl Family Law

Front 1

Requirements for a Prenuptial Agreement:

Back 1

1) Be in Writing and Signed by both Parties (SOF)
2) 'Marriage' is the only Consideration Needed
3) Effective the Date they get Married
4) Must be Voluntary, and
5) In good faith

Front 2

Prenuptial agreements can Include:

Back 2

(1) issues of Alimony
(2) Equitable Distribution
(3) rights to Control Property.
(4) Disposition of property upon Debt

Front 3

Prenups May Not Adversely Affect the Rights ______ to statutory ______.

Back 3

of a Child; Child Support.

Front 4

In order for a Party to convince a Court that a Prenup should Not be Enforced because it is Unfair, Courts look to see if:

Back 4

1) Party was Not given Fair and Reasonable Disclosure;
2) Party did not have Ability to look at the Assets to see what was there;
3) Party could not have Known what Assets their Spouse had

Front 5

Palimony is Alimony when Parties _______, which is _____ in FL.

Back 5

Not Married; Unavailable

Front 6

Post-nuptial K's are treated like a ________.

Back 6

Regular K.

Front 7

In FL, Marriage is a:

Back 7

1) K between 2 individuals,
2) Who are Eligible to Marry.
3) And have the Capacity and they must Consent to Marriage
--> And NO gay Marriage!

Front 8

To obtain a Marriage License to get Married, the Couple Must:

Back 8

1) Apply together
2) In person
3) Provide a Signed, Notarized Affidavit providing the SSN's and Ages of Couple
4) Tell the clerk that they have Read the Rights and Responsibilities, and
5) The license will Expire in 60 days.
--> No blood tests needed!

Front 9

Before Obtaining a Marriage License, the Couple must either _______ or wait _______.

Back 9

Take a Marital Preparedness Class; 3 Days.

Front 10

If there is a Procedural Defect in the Marriage Certificate or Application, the couple is ________, unless there is _______.

Back 10

Deemed Married; Fraud.

Front 11

Who can Perform marriages in FL?

Back 11

(1) ordained Ministers
(2) Judges
(3) Former judges
(4) Circuit Court Clerks
(5) Notaries

Front 12

A Putative Marriage Exists where:

Back 12

One Person has been Living with someone with a Genuine Belief they are Married
--> N/A to Gays!

Front 13

In FL, although a Putative Marriage is Not Valid and Unenforceable, one Party might still:

Back 13

entitled to Compensation.

Front 14

3 Requirements to Marry in Florida:

Back 14

1) Capacity: Cognitive ability to understand getting married
2) Consent
3) Intent: no jokes or dares
4) Presence: no Proxy Marriages such as video conferences

Front 15

If a Marriage is Annulled, it is declared _____ because of some _____ at the time.

Back 15

Invalid; Defect

Front 16

FL only Recognizes a _________ for an Annulment to be Valid.

Back 16

Court Order

Front 17

Examples of Void Marriages:

Back 17

1) Bigamy
2) Incest (Cousins okay)
3) Gays
4) Common Law marriages

Front 18

A Marriage is Presumed to be:
_____ unless Demonstrated otherwise.

Back 18

Valid

Front 19

Anyone can Challenge the Validity of Marriage in FL if it is per se ______.

Back 19

Void.

Front 20

Only a Party to a Marriage can challenge it if it is _______

Back 20

Voidable.

Front 21

A Voidable Marriage is one that has some problems that can be _________.

Back 21

Cured.

Front 22

Examples of Voidable Marriages in FL:

Back 22

(1) Lack of Consent: (duress, undue influence)
(2) Fraud: must go to the Essentials of the Marriage (sex and procreation)
(3) Lack of Capacity
(4) Incurable Physical Impotence
--> Does Not mean Sterile!
(5) Age: unless parental Consent or Judicial Bypass

Front 23

If a Marriage is merely Voidable, it ______ until _______.

Back 23

Valid; Annulled

Front 24

A Party seeking to Defeat Annulment of a Voidable Marriage can Invoke:

Back 24

1) Ratification
2) Estoppel
4) Unclean Hands
5) Laches

Front 25

Even if a Marriage is Annulled (so it never existed), the Court has the Power to Declare
________ and ______ of the Parties.

Back 25

Financial Rights; Obligations

Front 26

After abolishing Fault-Based Divorce, FL established two grounds:

Back 26

1) Mental Incapacity of the Parties
2) Irretrievable Breakdown of the Marriage (Subjective and Private)

Front 27

In FL, Marital Misconduct, such as Adultery, Dissipation of Assets, and Abuse are factors the court will Consider in Determining:

Back 27

1) Alimony,
2) Distribution of Assets,
3) Parental Responsibilities, and 4) Attorney Fees.

Front 28

FL is a Separate Property State, which means...

Back 28

The Court will Add up all things Acquired During the Marriage, regardless of Title, and then Distribute it to Spouses.

Front 29

Non-Marital Property is that Acquired:

Back 29

1) Prior to the Marriage and retained Separately
2) Assets Acquired by Either spouse as Gifts or Bequests
3) Income Derived from a Non-marital Assert, UNLESS:
it was Used or Relied on as Marital Asset, or
4) Assets subject to Valid Prenups, Post-nups, or other Agreements

Front 30

Marital Property is that which:

Back 30

Acquired Legally or Beneficially During the Marriage.

Front 31

Examples of Marital Property in Florida:

Back 31

(1) Vested and Non-Vested Retirement
(2) Stock options, Insurance benefits
(3) Interest in Pending Lawsuits
(4) Property held in TBE
(5) Gifts between Spouses
(6) Enhancement or Appreciation of Value of Non-Marital Assets as a result of their Efforts

Front 32

In Florida, Professional Degrees are treated as _________.

Back 32

Not Marital Property.

Front 33

In FL, there is NO ______, which is a Claim by one Spouse that they deserve more because of the Effort they put into the Marriage.

Back 33

Special Equity (Sweet Equity)

Front 34

What are the 3 ways that Non-Marital Property becomes Marital Property?

Back 34

1) Transmutation by Title (joint names)
2) Transmutation by Commingling (they are virtually indistinguishable)
3) Enhancement/Appreciation

Front 35

Property must be Distributed Equally, unless Justifications for Unequal Distribution is shown, which include (ACIDMELD):

Back 35

(1) Assistance to their Career
(2) Contribution to the marriage
(3) Interruption of career
(4) Desirability of Retaining a particular Asset
(5) Misconduct that depleted Assets
(6) Economic Circumstances
(7) Length of the Marriage
(8) Desirability of the Marital Home for Kids

Front 36

Marital Misconduct alone is Not Enough to deviate from an Equitable Distribution, unless the conduct also __________.

Back 36

Depleted Marital Assets.

Front 37

What are the 6 Types of Alimony (filed before July 1, 2010) that the Court can Award?

Back 37

1) Temporary: cannot be waived
2) Bridge-the-Gap
3) Permanent Periodic
4) Lump-Sum
5) Rehabilitative
6) Nominal

Front 38

What are the 4 Types of Alimony (filed after July 1, 2010) that the Court can Award?

Back 38

1) Permanent
2) Bridge-the-Gap
3) Rehabilitative
4) Durational

Front 39

When is Bridge-the-Gap Alimony Awarded?

Back 39

1) Usually for Short-term Marriages for something Specific, such as Car Payments or Apartment rent
2) To help the spouse make the change to single status
3) May not exceed 2 years.
--> Not modifiable.

Front 40

When is Permanent Periodic Alimony Awarded?

Back 40

1) It is paid Regularly to Support a Spouse who has neither the Resources nor Ability to be Self- Sustaining
2) It can be Waived
and Cancelled on Death or Remarriage.

Front 41

When is Lump-Sum Alimony Awarded?

Back 41

1) A fixed amount (though it can be ordered paid in installments)
2) Once Issued, will Not Stop upon the Death of the Paying Spouse or Re-Marriage
--> Cannot Modify!

Front 42

When is Rehabilitative Alimony Awarded?

Back 42

1) Support for a Defined Period for a Needy spouse to become Self-supporting,
2) Usually for Education or Job
training
3) Must show the Court a plan

Front 43

When is Nominal Alimony Awarded?

Back 43

It is a De Minimus amount allowing the court to retain Jurisdiction.

Front 44

When is Durational* Alimony Awarded?

Back 44

1) Available for Marriages between 0-17 yrs.
(2) Once issued, this alimony cannot be modified unless there is a Substantial Change in circumstances.
(3) Terminates on Death or Remarriage of Receiving spouse

Front 45

When is Permanent* Alimony Awarded?

Back 45

1) Only to a spouse who lacks the ability to be Self-Sustaining
2) Only available of the marriage longer than 7 years
3) Terminates on the death of either party
4) Terminates upon Marriage:
or Supportive Relationship of Receiving Party

Front 46

What are the Factors Considered by the Court in Determining the Type, Duration, and Amount of Alimony (LSAT FACE)?

Back 46

(1) Length of marriage
(2) Standard of living
(3) Age
(4) Time frame needed to obtain Education.
(5) Financial resources available to each party.
(6) All sources of income available to each party
(7) Contribution to the Marriage.
(8) Emotional and Physical Condition of each party.

Front 47

In order to Obtain a Modification of Alimony, the Party must show a ________ in Need or Ability to pay

Back 47

Substantial Change

Front 48

When Considering the Change that the Party Claims should Modify Alimony, the change must be:

Back 48

(1) Permanent,
(2) Significant
(3) Material
(4) Voluntary, and
(5) Something NOT contemplated at time of divorce

Front 49

The following Factors are Considered in Determining the Existence of a “Supportive Relationship” for Purposes of Modifying Alimony:

Back 49

1) Whether couple is holding themselves out as a Married
2) Period of Time they have Cohabited
3) Extent of the Financial Independence

Front 50

FL holds that it is in the Best Interest of a Child to:

Back 50

1) Ensure the Minor has a Frequent and Continuous Contact with both Parents,
2) Encourage Parents to Share Rights, Responsibilities, and Joys or Child-rearing.

Front 51

In FL, Parental Responsibility (Decision-Making Component), Will be Shared, unless the court finds...

Back 51

that it would Detrimental to the child.

Front 52

If a Parent has a Specialty in a Certain Field, they will have ________ over that
Aspect of a Child’s Welfare.

Back 52

Ultimate Responsibility

Front 53

The Presumption is that _____________ is in the Child’s Best Interest, but if the Court finds that it would be ________, they will award _______.

Back 53

Shared Parental Responsibility; Detrimental; Sole Parental Responsibility

Front 54

Parenting & Time-Sharing Plans, which set out every aspect of the child’s day to day life, replaced the concepts of ______, ______, and ____________ .

Back 54

Custody, Visitation, and Primary Residential Parent.

Front 55

A Parenting Plan must be Approved by the Court and Describe in adequate Detail how the Parents will Share the following:

Back 55

1) Tasks
2) Schedule
3) Healthcare, school related stuff
4) The technologies Used

Front 56

In FL, Courts may order _______________ to Serve as a Supplemental Form of Time-sharing and Parenting Plans.

Back 56

Electronic Communication

Front 57

Time-sharing and Parenting Plans can be modified upon a showing of _________ affecting the child’s welfare.

Back 57

substantial change in circumstances

Front 58

Florida law states that ________ is the default for Property Owned by Married Couples.

Back 58

Tenancy by the Entirety

Front 59

In Florida, each spouse has an Obligation to _________ if they have the Ability to do so.

Back 59

Support or Contribute

Front 60

Florida does not recognize _______ Privilege, but does recognize a ________ Privilege (regarding married couples).

Back 60

Spousal Privilege; Marital Communications Privilege.

Front 61

In FL, examples of things which a Spouse may sue another Spouse:

Back 61

assault,
battery,
or spreading of venereal
diseases.

Front 62

Characteristics of the Marital Communications Privilege in FL:

Back 62

1) applies to stuff only during the marriage
2) survives divorce.
3) applies both in civil and criminal context
4) both spouses hold the privilege

Front 63

In FL, where there is Domestic Violence, who can obtain Stay-Away Order?

Back 63

(1) Spouses
(2) Former spouses
(3) People who have children together.
(4) Roommates

Front 64

FL law defines Domestic Violence broadly to include the follow acts:

Back 64

(1) assault
(2) aggravated assault
(3) battery
(4) sexual assault
(5) sexual battery
(6) stalking
(7) aggravated stalking.
(8) false imprisonment
(9) kidnapping.
(10) any crime

Front 65

In FL, when initiating a Petition for Dissolution of Marriage, the Spouse must allege:

Back 65

1) The Existence of a valid marriage
2) Grounds for SMJ
3) grounds for the divorce
4) Request court to establish a parenting plan
5) That they want Equitable Distribution
6) Ask for Temporary Alimony (if filed before July 2010)
7) Child Support
8) Attorneys fees

Front 66

In FL, ______ spouses must be a resident (or a resident within previous 6 months) to get SMJ.

Back 66

only 1 of the 2

Front 67

FL does need Personal Jurisdiction over the Non-filing Spouse to...

Back 67

order spousal support, child support, or other issues regarding property.

Front 68

Florida requires that a Father establish his Rights to Child by either:

Back 68

1) Executing a Notarized Affidavit Acknowledging Paternity, or
OR
1) Marrying the mother

Front 69

A Court will Terminate a Parent’s Rights when the Court finds:
the parent has _______, _______, _______, or _______ the Child, or failed to Comply with a Case Plan.

Back 69

abused, abandoned, neglected or endangered

Front 70

A Court Can Deny a Petition to Disestablish Paternity, even if the Dad is Not the father, if the dad knew he was Not the Father but:

Back 70

1) Married the mom and assumed parental obligations and paid child support
2) Acknowledged paternity in a sworn statement
3) Consented to be father on the birth certificate
4) Promised in writing to support the child, OR
5) If he received a statement from a state agency saying that he needed to submit to scientific testing and the
father disregarded the notice.

Front 71

Prerequisites for Adoption:

Back 71

1) Both biological parents dead, or
2) Consent of both parents, or
3) Parental rights have been terminated by a Court
4) Couple hoping to Adopt must undergo a Home Study:

Front 72

An at-Risk Placement is when the Child is placed in an adoptive home before...

Back 72

the Parental Rights of the Parents are Terminated.

Front 73

If a child is more than 6 months old when Consent to Adopt is given, there is a _______
waiting/revocation period.

Back 73

3-Day.

Front 74

If a child is more than 6 months old and the Father objects to Adoption, the FL only requires the consent if the Father:

Back 74

1) Has developed a relationship with the child,
2) Has taken a measure of responsibility
3) Has given financial support
4) Has contacted child on regular basis.

Front 75

In FL, Children over Age _____ must give their Consent to be Adopted, the court may Override a Refusal if ___________.

Back 75

12; in Child's Best Interest.

Front 76

In FL, once an Adoption is complete, an adopted child maintains ________ to his Biological Family.

Back 76

no legal connection

Front 77

The Hierarchy of Preference for Adoption when both Parents have Died with no Will:

Back 77

(1) Grandparents
(2) Other legal relatives
(3) Unrelated person

Front 78

Any party to a Preplanned Adoption Agreement may Terminate the agreement _______.

Back 78

at any time.

Front 79

Alimony is determined following the _________.

Back 79

distribution of the property.

Front 80

When Determining Alimony, the court looks to Several Factors, which include:

Back 80

1) The length of the marriage;
2) The age and physical abilities of the party;
3) The party's education;
4) The accustomed standard of living;
5) The ability to be self-sufficient; and
6) Contributions to the marriage.

Front 81

In FL, the grounds for an Annulment generally arise from:

Back 81

1) Legal or mental incapacity,
2) Physical incapacitates or infirmities,
3) Lack of consent,
4) Consent through force or duress
5) Fraud, or
6) Concealment

Front 82

In FL, traditionally, the "Essentials" test Fraud was ________, and covered only Misrepresentations such as sex and procreation. However, the modern view is to apply a more ________ of the test that permits annulment if a party can show that, ____________, he would not have entered into the marriage.

Back 82

objective; subjective version; but for the misrepresentation

Front 83

In FL, if one of the Parties contests the Divorce, the court ____ Continue the Action for up to _____ months to give the parties time to Reconcile.

Back 83

May; 3 months

Front 84

Where a Divorce is based on Mental Incapacity, the party must be adjudged incapacitated for at least _____ years.

Back 84

3

Front 85

Florida needs Personal Jurisdiction over the non-filing spouse in order to Adjudicate issues of _______, ________, and ________.

Back 85

Property; Spousal Support; Child Support

Front 86

For a Divorce, if the non-filing Spouse does not Reside in Florida, then the Court must look to the _________ to assert Personal Jurisdiction.

Back 86

Long-arm Statute

Front 87

Regarding Divorce, Personal Jurisdiction will be asserted the couple has a Matrimonial ________ in FL or if the other spouse _______ prior to the filing.

Back 87

Domicile; Resided in Florida

Front 88

The purpose of Rehabilitative Alimony, only issued for a defined period, is to...

Back 88

help a Spouse Develop means to Support Him or Herself.

Front 89

In FL, where a party is Adjudged Incapacitated, the court may appoint a _______ to protect his or her interests.

Back 89

Guardian Ad Litem

Front 90

In FL, Marital Property is property Acquired during the marriage with _______ or ______, regardless of under whose ______ the property is titled.

Back 90

Marital Funds or Labor; name

Front 91

In FL, a Professional Degree is considered _______ Property, and the Professional Practice associated with that Degree is _________, subject to either Division or ________.

Back 91

Non-Marital; Marital Property; Awarding Appropriate Alimony.

Front 92

In FL Family Law, the overriding Principle regarding every Decision the court makes for Children is the _________.

Back 92

"Best Interests of the Child" Standard

Front 93

What are the 2 Prongs of the FL Best Interest for Child Standard? t and

Back 93

1) To Ensure that each child has Frequent and Continuing Contact with both parents, and
2) To Encourage parents to Share the Rights, Responsibilities, and Joys of child-rearing.

Front 94

In FL, a Child has the right to _______ from both Parents.

Back 94

Child Support

Front 95

When parents Divorce, what do the Courts create regarding Parenting Responsibilities?

Back 95

1) Parenting Plan
2) Time-Sharing schedule

Front 96

If one Parent wants to Relocate (more than 50 miles away), they have the Burden _________ that Relocation is __________.

Back 96

Proving by a Preponderance of the Evidence; in the Best Interest of the Child.

Front 97

Florida has Abolished _______ Child Custody Law in favor of _______ Parenting Plans.

Back 97

Traditional; Flexible.

Front 98

In determining what Time Sharing Arrangement is in the Best Interest of a Child, courts consider 20 factors including:

Back 98

1) the Demonstrated Capacity and Disposition of each parent to Facilitate and Encourage a Close and Continuing Parent-child Relationship;
2) The Demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child, as opposed to the needs or desires of the parent;
3) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
4) the geographic viability of the parenting plan;
5) the demonstrated capacity and disposition of each parent to provide a consistent routine for the child;
6) and the particular parenting tasks customarily performed by each parent and the division of parental responsibilities before and during the pending litigation.

Front 99

Parenting Plans were introduced in October of 2008, replacing ________, ________, _________ residential parent, and _________ residential parent.

Back 99

custody, visitation, primary, secondary

Front 100

While courts may take the child's Preference into consideration, the court also considers the ______ and ______ of the child.

Back 100

Age and Maturity

Front 101

Court looks at several factors when determining whether to grant a Request for Relocation regarding Custody, including:

Back 101

1) The Best Interest of the Child; 2) Child's Right to Visitation;
3) The nature, quality, and extent of the child's involvement in each location;
4) The child's Age;
5) The motives for and against relocation;
6) the economic circumstances of each parent; and
7) Any history of substance and domestic abuse.

Front 102

During a Marriage, the person who acquired or earned the Property owns it _______, unless it is transferred into some form of _______.

Back 102

exclusively; joint ownership

Front 103

Under FL Family Law, a Conveyance to a Spouse will Not be Valid if for the purpose of:

Back 103

defrauding any creditor or avoiding any debt or claim, or even has the effect of doing so.

Front 104

Florida will grant Civil Protection, including ex parte Restraining Orders, to individuals abused by _______ or ________.

Back 104

spouses; cohabiting partners

Front 105

In Fl, if one Party owns Real Estate before the Marriage, he can create a ________, under which both Spouses hold Title, by conveying a deed that states ___________.

Back 105

Tenancy by the Entirety; an Intention to create such

Front 106

FL gives _______ to valid to Marriages in other states, except gay Marriage.

Back 106

Full Faith and Credit

Front 107

In FL, Incurable Impotence is a Sufficient ground for ________.

Back 107

Annulment.

Front 108

Exceptions where one is Not Guilty of Bigamy in FL:

Back 108

1) Reasonably believes that spouse is Dead,
2) Prior Spouse has Voluntarily Deserted the person and remained absent for 3 years (and person does NOT know him to be alive at time)

Front 109

In FL, if Parties seeking to marry are Expectant Parents, 2 requirements must be met for a Judge to allow a Minor to Marry:

Back 109

1) A licensed physician must verify the pregnancy, and
2) Must swear under oath that they are the Expectant Parents

Front 110

In FL, Marriage when legally or mentally incapacity, physical incapacities or infirmities, lack of consent, or consent through force, duress, fraud, or concealment are grounds for ___________.

Back 110

Annulment.

Front 111

For a Marriage to be Valid, all of the essentials of a _______, such as _______ and _______, must be present.

Back 111

Contract; Capacity and Consent