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40 Cards in this Set
- Front
- Back
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When does a Maryland court have subject matter jurisdiction to hear a divorce case?
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Grounds for divorce occurred IN MARYLAND- at least one spouse must be domiciled in Maryland at the time the complaint was filed
Grounds for divorce occurred OUTSIDE OF MARYLAND- at least one spouse must be domiciled in Maryland for a minimum of one year prior to filing the complaint |
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What is the proper venue for divorce proceedings?
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An action must be filed in a county where D resides, carries on a regular business, is employed, or habitually engages in a vocation
OR In a county where P resides (for non-resident Ds) ...if the action is merely for alimony, normal venue rules apply) |
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What is the proper venue for annulment proceedings?
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An action must be filed in a county where D resides, carries on a regular business, is employed, or habitually engages in a vocation
OR In a county where P resides (for non-resident Ds) OR Where the marriage ceremony was performed |
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What is the proper venue for child support or custody proceedings?
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An action must be filed in a county where D resides, carries on a regular business, is employed, or habitually engages in a vocation
OR In a county where the parent of the child resides OR Where the child resides |
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What is the burden of proof for someone arguing that a prenuptial agreement is invalid?
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1. The agreement was unfair at the time that it was entered into
AND 2. Prior to the agreement, the other party failed to make a frank, full, and truthful disclosure of that party's assets |
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If one spouse satisfies her burden to show that a prenuptial agreement was invalid, how can the other spouse rebut this?
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1. By showing that, even without full disclosure of his assets, the other party had knowledge of them
OR 2. The agreement was entered into after receiving independent legal advice |
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Can you waive the right to alimony in a prenuptial agreement?
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YES
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What are the age requirements for getting a marriage license in Maryland?
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Generally, you must be 18...
...BUT there are some exception 1. Age 16-17: consent of a guardian must be given OR the girl must be pregnant or have given birth (she needs a doctor's note to prove this) 2. Age 15- guardian consent AND a doctor's note is required |
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Does failure to get a marriage license mean that you cannot get married?
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NO- if you have a solemnized marriage ceremony... YOU'RE married
...so long as you would have been able to get a license if you tried |
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What is an annulment?
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A termination of a marriage that was either void or voidable from its inception
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What are the grounds for annulment that make the marriage VOID?
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1. Bigamy
2. Consanguinity (incest) 3. Lack of mental capacity |
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What are the grounds for annulment that make the marriage VOIDABLE?
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1. Either party was under age 15
2. Age 15- there was no guardian consent and doctor's note 3. Age 16-17- there was no guardian consent or doctor's note 4. Drunk/High 5. Fraud, Duress, Coercion, Force 6. Minor incest |
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What needs to be in a pleading if you file for divorce?
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P must allege grounds for divorce...
...these must exist at the time of filing you can amend afterward if more grounds develop |
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Is the testimony of the spouse alone enough to find adequate grounds for divorce?
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NO- there needs to be corroboration
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What are the grounds for limited divorce?
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Fault Grounds
...Cruelty, Excessively Vicious Conduct, Desertion (actual or constructive) No-Fault Grounds ...express or implied mutual agreement between the parties to end the marriage, they are living separately apart, and there is no reasonable expectation of reconciliation |
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What are the grounds for absolute divorce?
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Fault Grounds
...Cruelty, Excessively Vicious Conduct, Desertion (actual or constructive for 12 months), Adultery, Conviction of a crime (after 1 year of serving), Insanity (confinement for 3 years, 2 docs say the insanity is incurable, and one of the parties has lived in MD for at least 2 years) No-Fault Grounds ... voluntary and mutual separation for 12 months with no hope of reconciliation, living separate and apart for two years (if only one spouse thinks it's over) |
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What are the defenses to a divorce action?
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1. Condonation: knowledge, forgiveness, resumption of marital relations
2. Recrimination: unclean hands |
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What is off limits with postnuptial agreements?
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You can't bargain away or waive your duty to provide child support
You can't waive adultery as a grounds for divorce |
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If you have a postnuptial agreement, how can it be enforced after divorce?
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1. MERGER- if the court merged the agreement into the divorce judgment, then it can only be enforced through a contempt order
2. INCORPORATION- if the court incorporated the agreement but did not merge it, then the court can enforce it either by its contempt powers or its contract powers |
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If you buy some furniture for your home with pre-marital money... what is the furniture classified as?
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Marital property- it is regarded as a gift to the marital unit
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What if separate property gains value during marriage? How is the appreciation classified?
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Mere Virtue of Possession (like stocks or comic books)- SP
Active Intervention and Management of the owner-spouse- MP |
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How do you handle commingled funds?
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By percentage...
Example- H and W buy a house for $200,000... H pays $50,000 DP (SP) and the rest comes from a mortgage for $150,000... ...at divorce, the house was worth $300,000 and there was $100,000 left on the mortgage... H gets $75,000 (1/4 of $300,000)... that leaves $225,000... minus the $100,000 mortgage... the MP is $125,000 |
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What is a joint statement of property?
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the burden is on the parties to provide information necessary to value the marital property... failure by one party to comply with the rules surrounding it will run the risk of the court finding the other person's statement as conclusive
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What are the different types of alimony?
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1. Alimony Pendente Lite- the dependent spouse gets alimony during the course of the litigation (based on financial need)
2. Permanent or Indefinite Alimony- terminates upon remarriage or death 3. Rehabilitative Alimony- helps the dependent spouse buy some time to learn some skills |
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Is permanent alimony favored?
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NO- courts like rehabilitative alimony
Permanent alimony will only be awarded if... 1. due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to become self-supporting OR 2. Even after the party seeking alimony has made as much progress as possible toward becoming self-supporting, the respective living standards of the parties will be unconscionably disproportionate |
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What are the basics of child support?
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Biological parents have a duty to support their children (through age 18... or 19 if still in high school OR if they can't support themselves)
Non custodial parents (the father of a single mother or a divorced dad) pays whatever the table says (based on income and number of kids)... the guidelines end at $120K income per year (it's up to the judge after that) |
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How does alimony play in with child support?
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The alimony is added to the mother's income, thus lowering the dad's child support figure.
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What happens if there are changed circumstances?
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The court may increase child support (like when there is a learning disability or gift for music)
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Can the custodial parent voluntarily take a lower paying job?
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NO- this will not increase child support
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Is child support deductible?
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NO!
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What if the deadbeat dad doesn't pay the child support?
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1. Seize personal property and sell it- using proceeds to satisfy child support
2. Garnish wages 3. Hold dad in contempt 4. Tax payments can be intercepted |
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What if deadbeat dad left the state?
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The Uniform Interstate Family Support Act: the original state has exclusive jdx to modify child support obligations AND provides for direct interstate action
Full Faith and Credit for Child Support Orders Act (FFCCSOA) |
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What are the types of child custody?
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Legal (right to make decisions regarding child upbringing)
Physical (where is the kid going to live) It can be exclusive or shared/joint |
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What is the standard for child custody?
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The best interests of the child standard...
desires or wishes of the parties, wishes of child (over age 12), age and health of parents... ToC but don't look at gender |
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What happens when there is a custody dispute between a parent and a non-parent?
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It is presumed that the child is best served when placed with the biological parent
...a non-parent has to make a very strong showing for custody (bordering on parental unfitness) |
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What visitation rights does the non custodial parent have?
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Visitation will not be denied visitation, even if you don't make your child support payments
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What visitation rights do non parents (like grandparents) have in the face of parental resistance?
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presumption in favor of parental judgment unless the non parent can show
exceptional circumstances or parental unfitness |
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What about rights of non custodial gay partners after separation?
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same result as grandparents... presumption in favor of parental judgment unless the non parent can show
exceptional circumstances or parental unfitness |
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can child custody arrangements be modified?
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YES- stability is a factor though...
...whenever the custodial parent leaves town, that is a material change in circumstance that always warrants reconsideration of the custody arrangement |
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what happens if a parent skips town with the kid after a custody arrangement has been made?
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Uniform Child Custody Jurisdiction in Enforcement Act: the original state that issued the custody order and that was the home state of the child shall have continuing and exclusive jdx of all custody matters
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