Misc

Front 1

Judge will set aside prenuptial agreement when:

Back 1

i. The terms are unconscionable
ii. There was no fair and reasonable disclosure of H’s net worth and no waiver
iii. The agreement eliminates alimony entirely and W must rely on public assistance/ government aid

Front 2

Annulment is predicated on

Back 2

a ground that predates the marriage- looks backwards to a preexisting problem

Front 3

A void marriage and annulment

Back 3

1. Does not require an annulment
2. Impediments that make a marriage are nonwaivable
3. Can be attacked by third parties

Front 4

A voidable marriage and annulment

Back 4

1. Does require an annulment to get out of the marriage
2. Impediments that make a marriage are waivable
3. Can only be challenged by one of the spouses

Front 5

Void marriages

Back 5

i. Bigamy- cannot be married and enter into a second marriage
ii. Consanguinity- incest, cannot be too closely related

Front 6

Voidable marriages

Back 6

1. nonage
2. intoxication
3. want of understanding
4. duress
5. fraud

Front 7

nonage

Back 7

too young to marry
1. Must be 18 to marry
2. Can get married at 16 or 17 with the consent of one parent
3. Can get married under 16 with the consent of a judge and one parent
4. Waived by continuing to cohabit after reach 18
a. Must file for annulment within 1 year after turn 18

Front 8

intoxication to make a voidable marriage

Back 8

1. Intoxication must be so severe that all memory, judgment, and reason are blotted out
2. Waived if cohabitate after become sober

Front 9

duress for a voidable marriage

Back 9

1. Duress must be by physical force
a. Threats of future action is not enough for duress
2. Waived by continuing to cohabit after the physical force is removed

Front 10

fraud for a voidable marriage

Back 10

1. Misrepresentation or concealment of fact that goes to the heart of the marriage relationship
a. Must be proved by clear and convincing evidence

c. Misrepresentation concerning money, job, social standing, etc. is not grounds for an annulment

Front 11

preliminary injunction

Back 11

1. irreparable injury
2. likelihood of success

Front 12

temporary restraining order

Back 12

issues pending a hearing for preliminary injunction

for emergencies
notice and adversarial proceeding not required

limited to 10 days

Front 13

permanent injunction

Back 13

1. inadequate legal remedy
2. protectible interest
3. feasibility of enforcement
4. balance of hardships- must be substantially more hardship than benefit
5. defenses- improper conduct by plaintiff related to lawsuit (e.g. laches)

Front 14

feasibility

Back 14

negative injunction- no problem
mandatory injunction- possibly

Front 15

if balance hardship or laches

Back 15

award money damages to plaintiff

Front 16

constructive trust

Back 16

improperly acquired title to property must go back to plaintiff- use when value has gone up

Front 17

equitable lien

Back 17

improperly acquired title to property is sold and proceeds returned to plaintiff- use when value has gone down and get deficiency judgment

Front 18

requirements for constructive trust and equitable lien

Back 18

1. inadequate legal remedy- insolvent or unique item
2. tracing can be done
3. BFP will prevail

Front 19

specific performance requirements

Back 19

1. valid contract
2. performance of plaintiff is assured- already or ready and able to perform
3. inadequate legal remedy- unique item

Front 20

covenant not to compete

Back 20

1. services are unique
2. reasonable geographic and duration limit

Front 21

marriage in jest

Back 21

void

Front 22

marriage license

Back 22

1. get from county clerk
2. good for 1 year
3. must demonstrate capacity

Front 23

marriage ceremony

Back 23

1. officiant
2. one witness
3. exchange of promises (no specific words)

Front 24

If officiant is not authorized to perform marriage

Back 24

if both parties in good faith thought it was legit, then marriage still valid

Front 25

common law marriage

Back 25

no common law marriage in NV

If come to NV with a valid common law marriage in another state, NV does recognize it

Front 26

grounds for divorce

Back 26

1. insanity
2. separation
3. incompatibility

Front 27

jurisdiction for divorce

Back 27

1. 6 week residency
2. cannot enter remedy for economic issues w/o personal jurisdiction over the other spouse

Front 28

insanity

Back 28

1. After marriage, one spouse developed mental illness.
2. Must endure for two years, plus evidence of insanity.
3. Legally obliged to support your ex-spouse

Front 29

separation

Back 29

1. Parties live separate and apart for 1 year
2. In that one year, can’t have sex with others or spouse

Front 30

incompatibility

Back 30

1. Physical, mental cruelty (no sex, abuse)
2. Infidelity
3. Desertion
4. “Fallen out of love”

Front 31

refusing alimony settlement

Back 31

If party turns down settlement and doesn’t do better in trial, then has to pay other party’s attorney’s fees.

Front 32

If party fails to pay alimony or child support

Back 32

i. Judicial order to seize property
ii. Garnish wages
iii. Contempt of court (can be put in jail)

Front 33

modification of alimony

Back 33

Past due alimony debts can’t be modified, but future can if
Change of circumstance:

1. Reduction in payor’s income
2. Recipient develops illness, can’t work, needs more money

Front 34

termination of alimony

Back 34

Automatic on death of either party, or on remarriage of the recipient

Cohabitation of recipient with new party is considered in changing alimony, but doesn’t lead to automatic termination

Front 35

child support

Back 35

Biological parents owe duty of support to child

iii. Obligation to pay child support continues until 18, or until 19 if child still in high school

iv. If Child has handicap, obligation to pay into adulthood

Front 36

presumption of father

Back 36

If woman is married, presumption that husband is father of any child born during marriage or within 285 days thereafter

Front 37

consent for adoption

Back 37

a. If petitioner is married, and spouse not co-petitioner, then the spouse must consent
b. The biological parents of adoptee must consent if adoptee is a minor (unless waived rights in writing)
c. If child over age 14, need consent of child

Front 38

residency requirement for adoption

Back 38

live in NV for 6 months

Front 39

child custody

Back 39

best interest of child- look at basically anything

Front 40

exclusive custodial parent moving out of state

Back 40

cannot move out of state unless consent by other parent or court

court must find good faith reason for move

Front 41

Shared custody parent moving out of state

Back 41

Parent moving must file for change of custody

Front 42

rights of non-custodial parent

Back 42

almost always has visitation rights

Front 43

Custody battle between Parent and Non-Parent

Back 43

Non-parent must prove extraordinary circumstances to prove custody

Non-parent must show more than just best interest of children to meet extraordinary circumstances.

Front 44

Interstate Custody Issues

Back 44

Every state must defer to orders of the home state so long as either parent or child continues to live in that home state

Front 45

child's home state

Back 45

State where child has lived with one of the parents for at least six months prior to the proceeding in question