Family Law

Front 1

Breach of promise to marry elements

Back 1

1. K
2. breach
3. damages (wedding reception deposits, etc.)

Front 2

What is consideration in breach of promise to marry?

Back 2

the other person's promise - if you marry me, I'll marry you. Oral - outside S of F.

Front 3

Marriage
(general definition)

Back 3

the consensual relationship creating the status of husband and wife - the purpose of which is to produce children.

Front 4

Ceremonial marriage (aka statutory marriage) requires...

Back 4

1. A license - medical (procedural, GF enough, can be waived), capacity (public policy, can't be waived)

2. solemnization (procedural, GF enough, unauth celebrant doesn't invalidate)

Front 5

Elements of capacity

Back 5

SANS
1. sane
2. adult
3. not related
4. single

Front 6

Common Law marriage

Back 6

1. capacity (SANS)
2. words & acts (exchange of consents, cohab, holding out)
3. validity

Front 7

Constitutional privacy issues (CAMPER)

Back 7

1. Contraception
2. Abortion
3. Marriage
4. Procreation
5. Education and control of kids
6. Relations can live together

Test: Strict scrutiny - compelling interest (justification).

Front 8

NOT cons privacy issues (BUSHES)

Back 8

1. Bankruptcy
2. Unrelated parties living together
3. Sodomy
4. Housing
5. Education of self
6. Status of welfare

Test: Rational basis - burden on individual

Front 9

Annulment

Back 9

judgment of invalidity of marriage - impediment occurred before marriage

Void (no K) and voidable (can waive defects and make valid K)

Front 10

Nonwaivable defects

Back 10

1. Bigamy
2. Consanguinity
3. Insanity

Note: #1 and 3 - impediments can be removed, and if marriage ratified -> valid.

Front 11

Effect of voidable defects

Back 11

can get out by annulment or decide to affirm and stay married

Front 12

Waivable defects

Back 12

1. Fraud going to essentials
2. Duress
3. Intoxication
4. Nonage
5. Lack of physical capacity

Front 13

Divorce

Back 13

Mechanism for dissolving the marriage when the impediment occurred after the marriage

Front 14

two types of divorce

Back 14

1. no fault
2. fault (ABCD DIP IV)

Front 15

Fault - reasons for fault divorce

Back 15

ABCD DIP IV

1. Adultery
2. Bigamy
3. Cruelty (phys, mental, att mrdr)
4. Desertion (1 yr w/out consent)
5. Drug addiction
6. Insanity (2 yr stat period)
7. Prison
8. Impotent
9. Venereal Disease

Front 16

defenses to fault

Back 16

RIP CoCoCo

recrimination
insanity
provocation
collusion
connivance
condonation

Front 17

Validity of marital agreements re: financial aspects of marriage

Back 17

Before marriage ok - reqs writing and consideration. Fraud vitiates validity; disclosure is required

During marriage ok - 3rd pty K's are separate unless for necessities (fam expenses)

After marriage K's ok - reqs writing by statute, nonmodifiable (except child supp), must be absent fraud/duress

Front 18

Judicial decree - deals with 4 areas

Back 18

1. property
2. alimony
3. child support

Front 19

2 types of marital property after divorce

Back 19

separate - includes stuff owned separately before marriage, and gifts/inheritance to just that person after marriage

marital property - prop obtained during the marriage. Includes pensions, tort recovery. Excludes professional degrees (won't divide value of degree)

Front 20

Considerations in equitable dist of marital property

Back 20

BULLSHIT

1. Background of parties
2. Unilateral or bilateral source of assets
3. Liability of parties
4. Length of marriage
5. Std of living of parties
6. Health of parties
7. Income of parties
8. Tax aspects

Front 21

Alimony

Back 21

paymt for needs of spouse who can't support her/himself. NO gender presumption

Front 22

Factors for determining the amt of alimony

Back 22

SOME

1. Std of living
2. Other expenses
3. Misconduct
4. Educational support of spouse

Front 23

Types of alimony

Back 23

1. permanent - where needs will be continuing. Modifiable w/ chg in circ.
2. rehabilitative (temp) - for pymt of education so spouse can enter work force. Nonmodifiable.
3. Lump sum

Front 24

Rules of paternity

Back 24

1. Married woman - husb presumed father. Rebuttable (DNA, imposs), Except USCACA - if husb consents, he is dad irrebuttably

2. Unmarried woman - if not ack by dad, can be det by litigation. State can bring action too.

3. Cons lmts onof kids born out of wedlock - entitled to intermediate EP

Front 25

Child support

Back 25

child entitled to child support until the age of 18 (excep: child incapable of employment, desire to get bach deg). Amt granted is modifiable, except it can't be self-induced, and can't modify past due amts.

Front 26

Child custody factors

Back 26

CHIPS

1. Child's preference
2. Health of parties
3. Involvement of parties
4. Proximity of relatives
5. Schools & institutions

Front 27

Adoption and Biological parents

Back 27

Rts extinguished (voluntary, involuntary - parents abuse, abandonment, neglect. Notice & fair hearing for Due process.

Unmarried father entitled to DP if he ack paternity in writing, he is involved w/child)

Front 28

Adoption and adoptive parents

Back 28

One way st: duty do support kids, kids have no duty to parents. Two way st: inheritance goes both ways

Front 29

Palimony scenario & solution

Back 29

man & woman living together, not married, split, one want support. Solution: quasi K relief, constructive K.

Show
i. benefit conferred
ii. Expectation
iii. Unjust to retain

Front 30

In vitro surrogacy & "Property" re: artificial insemination

Back 30

Formal termination of surrogate's rts are req'd

"Property" - TEST - relative interests of parties weighed.

Front 31

Adoption

Back 31

legal proceeding terminating the rela bet the child and his biological parent (if nec) and est a new rel bet the child and his adoptive parents. Adoption is purely statutory.