Mitch's Ou Family Law Flash Cards

Front 1

1.I.B.1(1): What are the 5 traditional restrictions on marriage?

Back 1

1) Bigamy, 2) Incest, 3) Age, 4) Mental Capacity, 5) Same-Sex Marriages

Front 2

1.I.B.1(2): Bigamous marriages are void and do not require the authority of any court to declare them void. True or False?

Back 2

True.

Front 3

1.I.B.1(3): What is the usual mechanism by which a bigamous marriage is declared void?

Back 3

The usual method is through a suit for an “annulment”. It is possible to use a divorce, however, it does not give the divorce court the power to order the financial incidents of dissolution. There can be no alimony if the marriage is void. Nor does the court have the authority to divide marital property under 43 OS §121.

Front 4

1.I.B.1(4): How can a former “spouse” get a division of property from a marriage held to be void on the grounds of bigamy?

Back 4

The Oklahoma Supreme Court has likened the relationship of parties in a bigamous cohabitation to a “quasi-partnership”. As such it has held that the trial court does have equitable powers to effect a division of partnership property. The court utilizes partnership law and not family law when it makes the property division. Thus, a reconciliation of the parties does not vitiate the parties' agreement on property division since they are partners and not husband and wife.

Front 5

1.I.B.1(5): What is the status of the parties to a bigamous marriage if they continue to live together as husband and wife following the removal of the impediment through death or divorce?

Back 5

They have a common law marriage as of the time the impediment is removed.

Front 6

1.I.B.2(1): All states except Georgia have rules which prohibit marriages between people that are too closely related by blood. True or False?

Back 6

False, all states, including Oklahoma, have rules which prohibit marriages between people that are too closely related by blood.

Front 7

1.I.B.2(2): Incestuous marriages are: (A) Void, (B) Voidable, (C) Neither, (D) Both.

Back 7

(A) Void. Incestuous marriages are void. 43 OS §2.

Front 8

1.I.B.2(3): Although incestuous marriages are void, the Oklahoma Supreme Court has held that property accumulated during the time the couple lived together as if they were husband and wife should be divided between them as if they were a partnership, thus adopting the same approach as in the case of bigamous marriages. True or False?

Back 8

True. Krauter v. Krauter

Front 9

1.I.B.3(1): No person in the state of Oklahoma can get married prior to age eighteen. True or False?

Back 9

False. While the 43 OS §3 says that adults can marry at eighteen, it also allows a person between the ages of sixteen and eighteen to marry with the consent of a parent or guardian. The statute goes into great length in determining who is the appropriate person to give consent in a variety of circumstances.

Front 10

1.I.B.3(2): Any person under sixteen is expressly prohibited from marrying. True or false?

Back 10

True. Although there is an exception for judicially authorized marriages when in settlement of suits for seduction or paternity or when the unmarried minor is pregnant, it does not appear that such power has ever been exercised. Indeed, Oklahoma no longer recognizes the tort of seduction.

Front 11

1.I.B.3(3): Under age marriages are: (A) Void, (B) Voidable, (C) Neither, (D) Both.

Back 11

(B) Voidable. Although under age marriages are prohibited, they receive very different treatment from bigamous or incestuous marriages. Under age marriages are not void but merely voidable. Stone v. Stone.

Front 12

1.I.B.3(4): A _________ marriage may be attacked by any person, at any time the question of the validity of the marriage becomes an issue in the case. (A) void, (B) voidable

Back 12

(A) void marriages may be attacked by any person, at any time the question of the validity of the marriage becomes an issue.

Front 13

1.I.B.3(5): A __________ marriage must be attacked in a sit for an annulment while the disability exists. (A) void, (B) voidable.

Back 13

(B) voidable marriages must be attacked in a suit for an annulment while the disability exists. 43 OS §128.

Front 14

1.I.B.3(6): When the underage couple continues to cohabit as husband and wife after obtaining legal age, they have a ___________________.

Back 14

Common law marriage. Hughes v. Kano.

Front 15

1.I.B.3(7): In a suit to annul the marriage of an underage couple, the court has the same power it has in a divorce case to issue temporary order for support and attorney fees. True or False?

Back 15

True.

Front 16

1.I.B.3(8): In a suit to annul the marriage of an underage couple the court can, in conjunction with the decree for an annulment, require support alimony. True or False?

Back 16

False. In a suit to annul the marriage of an underage couple, the court cannot in conjunction with the decree for an annulment require support alimony. Whitebird v. Luckey.

Front 17

1.I.B.4(1): Since marriage is defined as requiring the “consent of parties legally competent of contracting” if follows that, just as in the case of nonage, persons who do not have the mental capacity to enter into a contract are incapable of entering into a marriage relationship. True or False?

Back 17

True. 43 OS §1.

Front 18

1.I.B.4(2): Marriages between persons who are not mentally capable of entering in a marriage contract are void or voidable?

Back 18

Voidable. Therefore by statute, such marriage can only be attacked in a suit for an annulment between the parties while the disability exists or immediately thereafter. Ross v. Ross.

Front 19

1.I.B.4(3): What happens in an annulment action based on “lack of mental capacity” if the parties continue to cohabit after the mental capacity has returned?

Back 19

Cohabitation after the incapacity ceases is a defense to the annulment action and the parties will be deemed to have a common law marriage from the time the incapacity ceases.

Front 20

1.I.B.5(1): The five traditional restrictions on marriage include bigamy, incest, age, mental capacity and ___________?

Back 20

Must be of opposite sexes. Although a number of states have extended marriage, or marriage like relationships, Oklahoma requires that a married couple be of opposite sexes. 43 OS §3.

Front 21

1.I.C(1): Oklahoma statutes mandate the form of ceremony required to have a valid marriage in the state. True or False.

Back 21

False. Oklahoma has always held the statutes regulating the form of ceremonial marriages are directory and not mandatory. However, those provisions of the statute that relate to the information that must be provided to obtain a license are mandatory. 43 OS § 5.

Front 22

1.I.C(2): Does Oklahoma recognize common law marriage?

Back 22

Yes.

Front 23

1.I.C(3): When does a common law marriage form in Oklahoma?

Back 23

In Oklahoma a common law marriage occurs when the parties agree that they are married. In the court's latest case on the issue, it said: “A common law marriage is formed when 'the minds of the parties meet in consent at the same time.'” There are earlier cases where the court indicated that there are the following elements to a common law marriage: (1) an actual and mutual agreement between spouses to be husband and wife;

Front 24

1.I.C(2): What are some elements that the court considers persuasive evidence in determining whether a common law marriage exists in Oklahoma?

Back 24

(1) a permanent relationship; (2) an exclusive relationship; (3) cohabitation as man and wife; (4) the parties to the marriage must hold themselves out publicly as husband and wife. Estate of Stinchcomb; Earnheart; Estate of Phifer However, these are merely persuasive evidence, not required elements of common law.

Front 25

1.I.C(3): Typically, what is the most persuasive evidence that a couple intended to be common law married?

Back 25

Often the most persuasive evidence of the existence of a common law marriage is whether the couple listed each other as a “spouse” on legal documents, such as tax returns, mortgages, loan applications and deeds.

Front 26

1.I.C(4): A common law marriage must be proved by what evidentiary standard?

Back 26

Clear and convincing evidence. Standefer v. Standeferˆ

Front 27

1.I.D(1): What are the three marriage presumptions that Oklahoma recognizes?

Back 27

(1) The presumption in favor of subsequent marriage's validity. When a marriage in form is shown, either ceremonial or common law, the law presumes its validity in assuming the previous marriage has ended. (2) The presumption of the validity of a ceremonial marriage. One asserting a ceremonial marriage must prove that a ceremony occurred. Upon proof of the ceremony, a presumption favors its validity and the law will presume those facts necessary to validate the marriage. (3) The third presumption operates to assume that a connubial relationship is a marriage rather than simply meretricious cohabitation.

Front 28

1.I.E(1): In Oklahoma, it is illegal to marry any person for six months following your divorce. True or False?

Back 28

False. In Oklahoma, it is illegal to marry any person, other than your former spouse, for six months following the divorce. 43 OS §123.

Front 29

1.I.E.(2): If a person gets married in Oklahoma within 6 months of getting divorce from a different person, what are they guilty of?

Back 29

If a person marries anyone other than their former spouse within 6 months following their divorce, they will be deemed guilty of bigamy. 43 OS §123, 124.

Front 30

1.I.E(3): If a person marries out of state during the six month period following a divorce, they are guilty of felony adultery in Oklahoma. True or False?

Back 30

True!

Front 31

1.I.E(4): Husband divorces his Ex-wife on 12/10/1986 and marries New-Wife in Las Vagas on 1/5/1987. Husband and New-Wife live together in Nevada and Oklahoma for three weeks. Husband and New-Wife separate at the end of January 1987 and did not resume the marriage relationship. On July 22, 1987, Husband marries a third woman (Ms. Newest Wife). On March 28, 1988, Husband filed for divorce from Newest-Wife. What result?

Back 31

In Copeland v. Stone, the trial court found there was no marriage since the parties did not live together beyond the six-month prohibitory period and dismissed the case. The Supreme Court reversed. It read the statute very narrowly. The plain language of the statute prohibits only the remarriage of a husband or wife in this state. Since the legislature did not expressly prohibit remarriage outside the state, the court concluded that the marriage was valid, even though within the six-month period. While cohabitating within the state following an out-of-state marriage within the six month period is criminal and constitutes felony adultery that does not, according to the court, affect the validity of the marriage.

Front 32

1.I.E(5): Usually, a remarriage that violates the six-month prohibition is: (A) void, (B) voidable?

Back 32

(B) Merely voidable. Plummer v. Davis

Front 33

1.I.F.1(1): What are the two tests to determine gender for purposes of marriage?

Back 33

(1) Chromosomal and (2) Psychological

Front 34

1.I.F.1(2): Which Federal law does not recognize same sex marriages and does not require other states to recognize same sex marriages even if they are recognized in other states?

Back 34

Defense of Marriage Act (DOMA). It includes public acts, records, or judicial proceedings.

Front 35

1.I.A(1): A ____________________ was never legal and will never be legal, can be challenged by 3rd parties, includes bigamy, incest and same sex marriages, and the fact that the parties co-habitate together does not ratify the marriage.

Back 35

A void marriage was never legal and will never be legal, can be challenged by 3rd parties, includes bigamy, incest and same sex marriages, and the fact that the parties co-habitate together does not ratify the marriage.

Front 36

1.I.A(2): A __________________ can be attacked only in a suit for annulment, only while the disability remains, must be challenged in a timely fashion, includes marriages including minors, incompetents, or marriages without license, and unless annulled in a timely fashion, it is valid from inception, and you get a common law marriage.

Back 36

A voidable marriage can be attacked only in a suit for annulment, only while the disability remains, must be challenged in a timely fashion, includes marriages including minors, incompetents, or marriages without license, and unless annulled in a timely fashion, it is valid from inception, and you get a common law marriage.

Front 37

1.I.F.2(1): What is a statute relationship, indistinguishable in its legal effect from marriage, for same-sex couples, that is recognized in at least eight states?

Back 37

Domestic partnership or “civil unions”

Front 38

1.I.F.2(2): The Oklahoma Supreme Court has likened the relationship of parties in a bigamous cohabitation to a ___________________.

Back 38

“quasi-partnership” which gives the trial court equitable powers to effect a division of partnership property.

Front 39

1.I.F.2(3): The marriage between two people of the same sex is (void or voidable) in Oklahoma.

Back 39

Void.

Front 40

1.I.F.2.a(1): In the cases that have been decided that involve couples from one state that went to another state to enter into a same-sex marriage or civil union, recognition has been _________.

Back 40

denied.

Front 41

1.II.A.1(1): According to 43 O.S. §105E, what is the proper term for “Divorce” actions in Oklahoma?

Back 41

“the term “divorce” shall mean and be deemed to refer to a “dissolution of marriage” unless the context or subject matter otherwise requires.

Front 42

1.II.A.1(3): What are the three actions that can be brought to affect the marital relationship in Oklahoma?

Back 42

1) Divorce, or “dissolution of marriage”; 2) annulment, and 3) legal separation.

Front 43

1.II.A.1(4): Oklahoma is considered a mixed state, in that divorce is available on both _______ and a _____________ ground.

Back 43

fault and no-fault grounds.

Front 44

1.II.A.1(5): As a practical matter, just about all divorces in Oklahoma are brought under what grounds?

Back 44

No-fault ground, b/c fault has no applicability to any of the financial aspects of the divorce.

Front 45

1.II.A.1(6): The case law is clear that a trial court can grant a divorce on any ground that has been ________ and _________.

Back 45

Pled and proved.

Front 46

1.II.A.1(7): Since most of the fault grounds indicate that the couple is incompatible, many divorces that start out as fault divorces are often granted on the basis of incompatibility so long as one of the parties requests the divorce on that ground. True or False?

Back 46

True.

Front 47

1.II.A.1(8): Which of the following is NOT one of the 12 grounds for divorce in Oklahoma? (A) Impotency. (B) Incest. (C) Insanity. (D) Habitual drunkenness. (E) Gross neglect of duty.

Back 47

(D) Incest is a traditional limitation on marriage, not a ground for divorce. The 12 grounds for divorce in Oklahoma are abandonment, adultery, impotency, impregnation by another man during marriage, extreme cruelty, fraudulent contract, incompatibility, habitual drunkenness, gross neglect of duty, imprisonment, divorce in another state, and insanity.

Front 48

1.II.A.1(9): A divorce can be maintained against an insane spouse who is represented by a guardian providing the grounds for divorce arose prior to the insanity. True or False?

Back 48

True.

Front 49

1.II.A.1(10): A divorce can not be maintained against an insane person when the insanity arose after the divorce petition was filed. True or False?

Back 49

False.

Front 50

1.II.A.2(1): _______________ exists when there is such a conflict of personalities as to destroy the legitimate ends of matrimony and the possibility of reconciliation.

Back 50

“Incompatibility”

Front 51

1.II.A.2(2): Incompatibility may exist although the situation is considered serious by one spouse and less so by the other. True or False?

Back 51

True.

Front 52

1.II.A.2(3): In order to bring an action of divorce based on incompatibility, the petitioner must not be the cause of the incompatibility True or False?

Back 52

False. It does not matter which spouse caused the incompatibility. Although if incompatibility exists as a result of the misconduct of the complaining spouse, the trial court is vested with broad discretion in the weighing of the possibilities of reconciliation and the restoration of a normal marital status and in the granting of a divorce.

Front 53

1.II.A.2(4): If one of the parties in a divorce based on incompatibility objects to being divorced, the court can grant the divorce to only one of the parties. True or False?

Back 53

True. Of course, objecting has no effect on the subsequent status of the parties. They are divorced since a divorce, even though granted to only one of the parties, severs the marital status.

Front 54

1.II.A.2(5): A husband and wife can stipulate to a divorce. True or False?

Back 54

False. The parties cannot stipulate to a divorce b/c 43 O.S. §130 provides that “no divorce shall be granted without proof.”

Front 55

1.II.A.3(1): What are the two elements to prove a case of adultery?

Back 55

1) Criminal disposition or desire in the minds of both parties and 2) an opportunity to commit the adultery.

Front 56

1.II.A.3(2): In order to bring divorce on the grounds of “abandonment or desertion” what must the party show?

Back 56

That the parties lived separate and apart for one year and that the leaving spouse had good cause for abandoning the marital home.

Front 57

1.II.A.3(3): Conduct on the part of either spouse which is so grievously wounding to the mental feelings of the other spouse, or that so utterly destroys the peace of mind of the other spouse, as to seriously impair the bodily health or utterly destroy the legitimate ends of matrimony.

Back 57

“Extreme Cruelty” as a ground for divorce.

Front 58

1.II.A.3(4): False charges of adultery where there is a clear effect on the other spouse was a common basis upon which a divorce was granted. True or False?

Back 58

True. It would constitute “extreme cruelty”.

Front 59

1.II.A.3(5): Factors that the court considers in determining whether extreme cruelty existed include:

Back 59

1) intent and ability of the accused spouse to inflict such cruelty, 2) susceptibility of the other spouse to such cruelty, 3) whether such other spouse is of a provocative disposition.

Front 60

1.II.A.3(6): __________ is forgiveness conditioned on future good conduct.

Back 60

Condonement. This is the only defense to a “fault divorce”.

Front 61

1.II.A.3(7): Resumption of cohabitation by parties to a divorce suit is in abrogation of ay cause of action for divorce by condonation. True or False?

Back 61

True.

Front 62

1.II.A.3(8): The reconciliation of the parties is the legal equivalent to a dismissal of the action. True or False?

Back 62

FALSE.

Front 63

1.II.B(1): A action to declare that the marriage was invalid at its inception.

Back 63

Annulment.

Front 64

1.II.B(2): Oklahoma will entertain an annulment action for fraudulent inducement into marriage if what is shown?

Back 64

That the fraud goes to the essence of the marriage.

Front 65

1.II.B(3): An action for an annulment can be maintained after the parties have been divorced. True or False?

Back 65

False. Regardless of the religious scruples of one of the parties, an annulment cannot be maintained after the parties get a divorce.

Front 66

1.II.B(4): In an action for an annulment, the trial court has the power to enter a temporary order providing for temporary support for one spouse, payment of the other spouses attorney fees, and require one party to pay support alimony to the other. True or False?

Back 66

False. While the trial court in an annulment action can enter a temporary order for temporary support and attorney fees, it cannot require one party to pay support alimony to the other.

Front 67

1.II.C(1): Another name for “alimony without divorce” provided for in 43 O.S. §129?

Back 67

Legal Separation

Front 68

1.II.C(2): This action contemplates the continuation of the marriage, however, the court may provide for the economic separation of the parties including property division and support alimony.

Back 68

Legal Separation

Front 69

1.II.C(3): Legal separation can be obtained for any reason that a divorce may be granted. True or False?

Back 69

True. However, there is no case stating whether thre can be a “no-fault” legal separation, although there is no reason why it should not be proper.

Front 70

1.II.C(4): Title 43 O.S. § 129 spells out very specific durational residency requirements in order to bring an action for legal separation. True or False?

Back 70

False. There are no durational residency requirement to bring an action for legal separation. However, an Oklahoma court must have personal jurisdiction over the defendant to decide economic issues.

Front 71

1.II.C(5): As with divorce cases, legal separation cases require that any alimony awarded be set in a “sum certain” amount. True or False?

Back 71

False. The rule from divorce cases that alimony must be set in a sum certain does not apply.

Front 72

1.II.C(6): The amount of alimony awarded in a legal separation case may be modified at any time based on one spouse's need. True or False?

Back 72

FALSE. The amount may be modified at any time based on one spouse's needs and the other spouse's ability to pay.

Front 73

1.II.C(7) What ends a “legal separation?”

Back 73

The decree of legal separation comes to an end when the parties divorce or reconcile.

Front 74

1.II.C(8): Legal separation is a viable defense to any subsequent divorce action brought by one of the parties. True or False?

Back 74

FALSE. A legal separation is NOT a defense to a subsequent divorce action brought by one of the parties.

Front 75

1.II.C(9): What is the most common ground for divorce in Oklahoma?

Back 75

No-Fault “incompatibility”.

Front 76

1.II(1): Marital fault, in Oklahoma, is a factor that the court uses in determining division of the marital property and other economic issues. True or False?

Back 76

FALSE. In Oklahoma, marital fault is generally irrelevant to determination of economic issues.

Front 77

1.II(2): What is the only “no-fault” ground for divorce in Oklahoma?

Back 77

Incompatibility.

Front 78

1.II(3): What is the practical common use in Oklahoma for “legal separation”?

Back 78

Many people moving into Oklahoma file for legal separation until they have lived here for 6 months, and are eligible for divorce.

Front 79

2.I.(1): What are the 3 jurisdictional issues in any multi-state divorce case?

Back 79

Jurisdiction concerning: 1) granting divorce, 2) custody/visitation issues, 3) support issues.

Front 80

2.I.A(1): What are the requirements for a couple to be granted a divorce in Oklahoma?

Back 80

In order to obtain a divorce either the petitioner or the respondent must 1) be an actual resident of this state, 2) in good faith, 3) for six months.

Front 81

2.I.A(2): What are the requirements for “domicile?”

Back 81

Domicile requires that if a person moves to Oklahoma from another state that person must intend to make Oklahoma their permanent home.

Front 82

2.I.A(3): If both parties in a divorce action have not resided in Oklahoma for six months, an Oklahoma court cannot grant a divorce. True or False.

Back 82

FALSE. If neither party has resided in the state for six months, a court cannot grant a divorce.

Front 83

2.I.A(3): Attachment of property within the state without either party being domiciled here will allow an Oklahoma court to proceed in either a separate maintenance or divorce action. True or False?

Back 83

FALSE. Attachment of property in this state without either party being domiciled here does not allow an Oklahoma court to proceed in either a separate maintenance or divorce action.

Front 84

2.I.A(4): The requirement of domicile relates to the courts subject matter jurisdiction and a lack thereof can be collaterally challenged at any time. True or False?

Back 84

True.

Front 85

2.I.A(5) Jurisdiction attaches at the time the parties' lawsuit is filed. Therefore, jurisdiction continues even if the petitioner thereafter permanently moves to another state. True or False?

Back 85

True.

Front 86

2.I.A.2(1): Oklahoma is required under the Full Faith and Credit Clause of the United States Constitution to recognize divorces from other states where the person obtaining the divorce was domiciled in that state. True or False?

Back 86

True.

Front 87

2.I.A.(6): If a state of domicile of one party grants the divorce, but the other party does not appear, then other states can decide whether or not to recognize it based on jurisdiction. True or False?

Back 87

True.

Front 88

2.II(1): _________ of an action means the appropriate county in Oklahoma where an action must be brought.

Back 88

Venue.

Front 89

2.II(2): __________ may be waived by the parties, either explicitly or by failing to object, just like problems in personal jurisdiction.

Back 89

Venue.

Front 90

2.II.A(1): What venue may a case for legal separation be brought?

Back 90

In the county where either party is a resident.

Front 91

2.II.A(2): What venue may a divorce or annulment proceeding be brought?

Back 91

In the county where the respondent is a resident or where the plaintiff has resided for thirty days.

Front 92

2.II.A(3): The term “resident” or “actual resident” have been interpreted by the Oklahoma courts as the equivalent of _______________.

Back 92

Domicile

Front 93

2.II.A(4): When the wife files a legal separation action in one county and the husband files for divorce in another county, venue is proper where?

Back 93

In the county where the divorce action was filed b/c a legal separation action merges into a divorce.

Front 94

2.II.A(5): When the wife files a legal separation action in one county and the husband files for divorce in another county, where would venue be proper when the wife amends her petition and seeks a divorce?

Back 94

In the county where the divorce action was filed b/c a legal separation action merges into a divorce regardless of whether the wife later amends her petition and seeks a divorce. The pleading rules about the relation back of an amendment do not apply in divorce proceedings.

Front 95

2.II.A(6): If one party is not a resident of the state at the time the application for a change of venue is filed, or if the plaintiff has been absent from the state for six months, the court shall grant an application for a change of venue to which county?

Back 95

The county where the in-state person resides.

Front 96

2.II.A(7): Which courts can a divorce decree be modified?

Back 96

Generally, it must be modified in the court that entered the original decree.

Front 97

2.II.A(8): What are the exceptions to the rule that the court that entered the divorce decree must be the one that modifies it?

Back 97

1) One party has moved away from OK and is now domiciled in another state. 2) The child is physcially and lawfully present within the county in which the motion is filed. 3) The action is not brought for purposes of forum shopping. 4) The non resident parent is properly served w/ process in order to confer personal jurisdiction upon the new court. 5) The movant demonstrates that it would be a burden to return to the court.

Front 98

2.II.A(9): Venue cannot be waived. True or False?

Back 98

FALSE. Venue can be waived.

Front 99

2.II.A(10: If the state of domicile of both parties grants a divorce, then which of the following statements are true? (A) Each of the other states may or may not have to recognize the divorce depending on that state's conflict of laws statutes and divorce statutes. (B) All other states in the US must recognize the divorce. (C) Only states with statutes requiring it to recognize divorce in other states must recognize the divorce. (D) No other state in the US has to recognize the divorce. (E) None of the above.

Back 99

(B) all must recognize. If the state of domicile of both parties grants divorce, the other states must recognize it b/c of the Full Faith & Credit clause of the US Constitution which requires all states in the union to recognize each others court judgments.

Front 100

2.II.A(11): If the state of domicile of one of the parties grants a divorce but the other party does not make an appearance, then which of the following is true? (A) Each of the other states may or may not have to recognize the divorce depending on that state's conflict of laws statutes and divorce statutes. (B) All other states in the US must recognize the divorce. (C) Only states with statutes requiring it to recognize divorce of other states must recognize the divorce. (D) No other state in the US has to recognize the divorce. (E) None of the above.

Back 100

(A) Each of the other states may or may not have to recognize the divorce depending on that state's conflict of laws statutes and divorce statutes. If the state of domicile of one party grants the divorce, but the other party does not appear, then the other state can decide whether or not to recognize it based on jurisdiction.

Front 101

2.II.A(12): If the state of domicile of both parties grants them a marriage license, then which of the following is true? (A) Each of the other states may or may not have to recognize the marriage depending on that state's conflict of laws statutes and divorce statutes. (B) All other states in the US must recognize the marriage. (C) Only states with statutes requiring it to recognize marriage of other states must recognize the marriage. (D) No other state in the US has to recognize the marriage. (E) None of the above.

Back 101

(D) No other state in the US has to recognize the marriage b/c marriage is a license of status granted by a state and not a court judgment. Therefore it does not fall under the Full Faith & Credit requirement.

Front 102

2.III.A.1: Upon the filing of a petition for dissolution of marriage, annulment of marriage or legal separation by the petitioner and, upon personal service of the petition and summons on the respondent, or upon waiver and acceptance of service by the respondent, what automatically goes into effect against both parties to the action?

Back 102

The automatic temporary injunction.

Front 103

2.III.A.2: What kind of things does the automatic temporary injunction restrain both parties from doing?

Back 103

Transferring, encumbering, concealing, or in any way disposing of, without written consent of teh other party or an order of the court, any marital property, except in the usual course of business, for the purpose of retaining an attorney for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect.

Front 104

2.III.A.3: How long is the automatic temporary injunction in effect?

Back 104

Until the trial court modifies it or issues the final divorce.

Front 105

2.III.A.4: The parties to a divorce may not waive the automatic temporary injunction. True or False?

Back 105

FALSE. The parties CAN waive the entry of the injunction.

Front 106

Oklahoma is what kind of property state?

Back 106

Oklahoma is a common law property state.

Front 107

What are the three problems that a divorce court must consider when dividing property in a divorce?

Back 107

1) Classification of property as marital or separate. 2) Value to effect an equitable division, 3) How to divide (in kind or property to one and $ to the other)

Front 108

How does a divorce court determine whether property is Marital or Separate?

Back 108

Property owned prior to marriage is separate property of the spouse who owned it. When property is purchased during marriage, the court will use the "source of funds rule", whether the funds used to purchase it were marital or separate funds determines the classification as marital or separate.

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At what point in the divorce does marital property stop being marital?

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Courts don't follow the statute literally. Courts say that it is the date that the parties separate and do not intend to get back together.

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When the value of separate property that has increased during the marriage, how does the court determine whether the value increase is marital or separate?

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The court will have to determine whether the increase in value is "passive" income due to market changes, or "active" income due to effort expended to improve the asset by one or both of the spouses.