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55 Cards in this Set

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What are the 5 grounds for divorce in SC?
1. Physical Cruelty
2. Living Separate & Apart for One Year
3. Adultery
4. Habitual Drunkenness
5. Desertion
Physical Cruelty
Actual physical violence that renders cohabitation unsafe. Single act may be enough.
Habitual Drunkenness
Fixed habit of drunkenness or narcotics use that causes deterioration of marriage.
Adultery
1. Inclination & Opportunity
Secret recording?
Only of party
Defenses to Divorce? 7
Recrimination
Insanity
Provocation
Collusion
Connivance
Condonation
Reconciliation
Uniform Divorce Recognition Act
SC will not recognize divorce decrees from other states if parties were domiciled in SC at time of filing.
Alimony: What are the 8 factors that a court will use in evaluating a claim for alimony?
1. Duration of the Marriage
2. Age, health, & education of SS
3. Financial resources of the parties
4. Parties' accustomed standard of living
5. Ability of SS to meet his own needs while fulfilling obligation
6. time necessary for SS to acquire job training or skills
7. likelihood spouse will complete training
8. SS likelihood of success in job market
What is the difference between alimony and separate support and maintenance?
alimony is only in divorce ss&m can be during marriage
Can alimony be modified?
Yes, on showing of "substantial change in circumstances"
What is required for a showing of adultery?
Inclination and Opportunity
What is recrimination?
"yeah, but you did it too"
What are the four types of alimony?
1. Periodic
2. Lump Sum
3. Rehabilitation
4. Reimbursement
Periodic Alimony: What are the three factors?
Duration of Marriage
Overall financial situation
Whether S was more at fault
When does it terminate?
Death of either spouse, remarriage of SS, continued cohabitation of SS
How is periodic alimony modified?
on showing of substantial change in circumstances
What is Lump Sum Alimony?
Finite total sum pain in one installment or over a period of time
What must be shown to get lump sum?
special circumstances, such as necessity or agreement of parties
When does it terminate?
only on death of SS (not on remarrige or shacking up of SS)
If PS dies, then it is a debt of his estate!
What is Rehabilitation Alimony?
Alimony meant to restore the SS to her prior standard of living
What is Reimbursement Alimony?
Used to compensate one spouse for the contributions to the professional degree of another
What are the 10 factors used in evaluating a claim for alimony?
financial condition of parties
needs of party seeking alimony
age and health
respective earning capacities and individual wealth
contributions to the accumulation of joint wealth
conduct of parties
standard of living at time of divorce
duration of marriage
ability to pay
actual incomes
What are the 7 defenses to divorce in SC?
1. Recrimination
2. Insanity
3. Provocation
4. Collusion
5. Connivance
6. Condonation
7. Reconciliation
What is Collusion?
court finds two spouses conspired to act to get divorce
What is Connivance?
Knowledge of one spouse that other was committing misconduct
What is Recrimination?
you did bad shit too
must be sufficient to provide grounds
NOT A DEFENSE TO NO FAULT
What is Condonation and what are its elements?
you forgave me
1. forgiveness
2. intention to move on w/ marriage
3. full knowledge
What are the elements of common law marriage in SC?
1. Agreed to be married
2. Cohabitated
3. Held Out
4. 16+
What is the spousal privilege and to whom does it belong?
Spouse may refuse to testify as to confidential communications within the bonds of marriage
Property:

What is the definition of marital property?
Marital property is defined as all that property that has been acquired by the the parties during the marriage and of which is owned as of the date of filing or commencement of the litigation
What are the four steps that the court uses in effecting equitable distribution?
1. Identify Marital Property
2. Determine the value of the property
3. Identify the proportionate contributions, both direct & indirect
4.provide for equitable division
Can the family court order division over nonmarital property?
No
Can the family court order equitable distribution after an annulment?
YES
What about property owned by a third party?
Yep. (Court divided house that was in parent's name)
Can equitable division orders be modified?
NO
What is a "special equity interest?"
Spouse may acquire interest in other spouses property to the extent that she contributed to its value
What is the doctrine of necessities?
Spouses are not responsible for the debts of the other unless its for neccessities
What happens to property owned as JTWROS after a divorce?
Now owned as Tenants in Common
What is the doctrine of the best interests of the child called?
Parens Patriae
After a custody order is issued, can it be modified?
Sure, on showing of substantial coc
Liablility:

When can a parent be liable for act of kid?
sometimes
Torts of a minor child
$5000 max
What is the Family Purpose Doctrine?
Parent is liable for the auto accident of a minor child in a car provided for family use
Residency Requirements:
In order to file for divorce, how long must a plaintiff resided in state?
1 year
If plaintiff is not SC resident, what must show for SMJ?
Defendant resided in state for 1 yr
If both parties are SC residents, how long must they have lived here before they can file divorce action?
3 mos.
What does the UDRA say about out of state divorces
if both parties are sc domiciled out of state divorce no good
Valuing marital property: how does a court decide what something is worth?
FMV as of date of filing.
what is "special equity?"
when a party has contributed to the growth of a nonmarital asset, she may have a special equity in it
ex.: business, nonmartial home, etc
termination of parental rights--what's the rule?
child must have been harmed or be at substantial risk of harm, defined as: abandonment, abused, or neglected, continue for 12 months, child lived outside home for 6 mos w/ no visitation even tho able
Grounds for Emergency Protective Custody?
Probable Cause only
Burden of proof for termination of parental rights?
Clear and Convincing
Indigent Right to Counsel in parental termination?
Yes, court must appoint
Wiretapping your spouse?
illegal under federal law, but admissible for impeachment
JUDICIAL ESTOPPEL in FAMILY COURT?
applies to isses of fact, not of law, prevents parties from changing their facts