Va Domestic Relations

Front 1

Void Marriages
-How does a void marriage come about? 5 kinds

Back 1

(i) Bigamous Unions
(ii) Incestuous Marriages
(iii) Marriages where one or both parties are under 18 (w/o parental consent)
(iv) Same-sex marriages or civil unions
(v) Marriages entered into in violation of licensing or solemnization formalities.

Front 2

Voidable Marriages
-How does a voidable marriage come about?

Back 2

(i) Fraud affecting the essentials of the marriage
(ii) Duress
(iii) Mental Incapacity
(iv) incurable impotency of other party existing at the beginning of marriage
(v) The wife was pregnant by another man at the time of marriage w/o husbands knowledge
(vi) The husband fathered another woman's child within 10 months after marriage without wife's knowledge
(vii) One party had been a prostitute prior to marriage w/o other's knowledge
(ix) Felony conviction before marriage w/o other's knowledge

Front 3

Challenging Marriages
-Limits

Back 3

-No challenge can be brought under fraud, mental capacity, or duress if the aggrieved party has cohabited with full knowledge of the facts
-No challenge may be brought if 2 years after the solemnization.

Front 4

Antenuptial Agreements

Back 4

VA has adopted the Uniform Premarital Agreement Act.
-Must be in writing and signed by both parties
-Enforceable without consideration, become effective upon marriage
-Unenforceable if:
(i) executed under duress
(ii) the agreement was unconscionable when signed.
Agreement may be modified after marriage by a new signed writing. Need not be supported by consideration.

Front 5

Two Types of Divorce
-Names?

Back 5

Divorce A Mensa a Thoro
-Legal separation
Divorce A Vinculo Matrimonii
-Absolute Divorce

Front 6

Statutory Grounds for Divorce
-Divorce A Mensa A Thoro (2)

Back 6

(1) Cruelty: Anything that tends to bodily harm. Usually successive acts, but single might suffice
(2) Abandonment: No time period, but intent to desert and actual breaking off of marital cohabitation is required.

Front 7

Statutory Grounds for Divorce
-Divorce A Vinculo Matrimonii (4)

Back 7

(1) Adultery, Sodomy, and Buggery
-Proven by clear and convincing evidence
(2) Conviction of Felony with sentence of confinement for over one year
(3) Cruelty or desertion
-One full continuous year is required
-Also might be satisfied by willful neglect of marital duties while both spouses are in the same house
(4) Separation with no cohabitation
-Divorce may be granted if a husband and wife have lived apart for one continuous year.

Front 8

Defenses in Actions Based on Fault (4)

Back 8

(1) Connivance
-Inducing the other party to commit an offense constituting grounds for a fault based divorce.
(2) Collusion
-An agreement by the parties to obtain a divorce by deceiving the court
(3) Condonation
-Forgiveness of a marital offense
(4) Recrimination
-If the other party is also guilty of a fault based ground for divorce, neither party is granted a fault based divorce

Front 9

Classification of Property
-Separate Property

Back 9

Court classifies between separate property and marital property
Separate Property is all property acquired:
(i) before marriage;
(ii) during marriage by bequest, descent, survivorship or gift;
(iii) in exchange for or in from proceeds of the sale of separate property;
(iv) After the last separation

Front 10

Classification of Property
-Marital Property

Back 10

All property titled in both names. All property acquired during marriage that is not separate property.

Front 11

Division of Marital Property
-Statutory Factors

Back 11

When deciding to whom to give what the court is required to consider a list of statutory factors:
-The age and health of the parties
-Does one have a medical problem?
-Duration of the marriage (if it's a long marriage tilts towards 50/50 division).
-Circumstances that contributed to the end of the marriage, including marital fault (can be considered even in a no fault divorce).
-How and when the assets were acquired.
-Are the liquid or illiquid (this is relevant for who gets what)
-If giving an asset to a party will require them to sell it immediately with a bad tax consequence, maybe give it to the other party.
-whatever it deems appropriate

Front 12

Child Support
-Factors

Back 12

(i) Monetary support of other family members
(ii) Custody arrangements (cost of visitation travel)
(iii) Imputed income of party who is voluntarily unemployed
(iv) Debts incurred for benefit of child
(v) Payments ordered by the court for insurance, education expenses
(vi) Extraordinary capital gains
(vii) Special needs of the child
(viii) Child's independent financial resources
(ix) Standard of living during the marriage
(x) Written agreement

Front 13

Child Custody
-Evaluating the Best Interest of the Child

Back 13

Factors:
(i) Age and physical/mental condition of the child and each parent
(ii) Relationship existing between each parent and the child
(iii) Needs of the child
(iv) The role each parent has played in upbringing of the child
(v) Parent's willingness to allow the other contact with the child
(vi) Preference of the child, especially if over 12
(vii) Potential for abuse

Front 14

Parental Relocation

Back 14

The custodial parent is required to give 30 days notice to the court for any relocation. Court will have to make a finding that it is in the best interest of the child. Court may order a change custody.

Front 15

Grounds for emancipation

Back 15

-You've gotten married
-On active duty with the military
-You've moved out with the consent of your parents and you have the ability to support yourself

Front 16

Uniform Interstate Family Support Act

Back 16

-Employers in any state can be mailed a VA order to withhold child support money, and is required to comply under that states law.
-Courts will also enforce other state's order as if it were their own order.
-Modification is only allowable in the original state however

Front 17

Adoption
-Adopting a Minor

Back 17

(1) You need all the necessary consents.
-You need consent of both biological parents, and if the child is over 14 you need the consent of the child.
-If the child is a non-marital child (father is unknown, or father is served with notice of attempt to adopt and doesn't reply within 21 days) the father's consent is dispensable
-If parental rights have been terminated, you don't need their consent.
(2) Once the consents have been given or dispensed of, the adoptive parents are investigated. If cleared, there is a perfunctory hearing where adoption is made official.

Front 18

Termination of Parental Rights

Back 18

Abuse
Neglect: Failure to provide food, Clothing, shelter, medical care, supervision such that the child's life, health, welfare is in danger. Still need to find best interest of the child.
-Evidentiary Standard: Clear and Convincing Evidence
-Usually child is placed in foster care.