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GA Bar Prep > Family Law > Flashcards

Family Law Flashcards

1
Q

When a party breaches a promise to marry, what are the damages?

A

Actual damages, plus mental harm and distress

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2
Q

Marriage limitations: (Six)

A
  1. Age (must be 18, emancipated, or 16/17 w/ parental consent.
  2. No consanguinity (first cousins ok.)
  3. No same sex
  4. Must have mental capacity to understand ceremony and consent
  5. Physical capacity for sex.
  6. Must be single. No bigamy/polgamy
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3
Q

Marriage license requirements?

A

None. No waiting period, no blood test.

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4
Q

Solemnization done by:

A

judge, minister, or person of any religious sect allowed by their sect to perform marriages.

NOTE: The validity of the marriage is not dependent on the authority of the person solemnizing the ceremony.

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5
Q

Common law marriage?

A

Abolished in 1997. CL marriages established before that time and CL marriages recognized in other states still get full faith and credit in GA.

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6
Q

Consummation:

A

means when the judge/officiant signs the license. Not sex.

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7
Q

State of mind requirements for marriage:

A

Must have the mental capacity to understand actions and agree to them

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8
Q

“Marriage articles”

A

pre-marital contracts between two parties that are contingent upon the marriage.

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9
Q

Marriage article forms:

A

Oral or in writing.

If in writing must have two witnesses - but not invalidated for improper form.

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10
Q

Written marriage articles will be ____ in accordance with the parties’ intent.

A

liberally construed

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11
Q

What if the marriage articles contemplate divorce?

A

Courts will scrutinize more heavily.

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12
Q

Four contract principles that cts look to in interpreting marriage articles:

A
  1. Entry into marriage is sufficient consideration to support the K.
  2. Scrutinized for good faith and lack of undue influence
  3. To affect third parties, it must be recorded.
  4. Unconscionable K will not be enforced.
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13
Q

No tenants by the entirety in GA, instead unless otherwise provided by deed married couples take property as:

A

tenants in common

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14
Q

Interspousal immunity:

A

Spouses may not sue each other.

Still the law in GA, though ct decisions have eroded it in areas where traditional policy reasons (harmony in the marriage, etc.) are not at issue.

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15
Q

Annulment may not be granted in GA if:

A

children are born or to be born as a result of the marriage. (Must proceed w/ divorce actions)

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16
Q

Method of divorce trial in GA:

A

may be by judge or jury.

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17
Q

What is the residency requirement before divorce can be filed?

A

6 months.

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18
Q

GA domestic relations long arm statue: Provides personal jurisdiction for domestic matters (alimony, child support, etc.) if the non resident either:

A
  1. maintains a matrimonial domicile in GA at the time of the commencement of the action, or
  2. resided in GA preceding the commencement of the action, whether in co-habitation or not.
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19
Q

Eleven grounds for fault based divorce:

A
  1. Adultery (permissible to prove through circumstantial evidence)
  2. Desertion for period of 1 year or longer (w/o justification)
  3. Cruel treatment
  4. Voluntary drug addiction or habitual drunkenness.
  5. Mental incapacity
  6. Conviction of an offense involving moral turpitude under which a part is sentenced to imprisonment for a term of two years or longer.
  7. Incest
  8. Incurable impotency at the time of marriage
  9. Force, menace, duress, or fraud in obtaining the marriage
  10. Pregnancy of the wife by a man other than her husband at the time of the marriage that is UNKNOWN by the husband
  11. Incurable mental illness
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20
Q

Defenses to fault based grounds for divorce:

A
  1. Collusion
  2. Connivance
  3. Condenation
  4. Recrimination
21
Q

Collusion:

A

agreement to simulate the grounds for divorce

22
Q

Connivance:

A

willing consent by one spouse to the other’s misconduct

23
Q

Condenation:

A

forgiveness with full knowledge that marital offense has occurred and resumption of the marital relationship

24
Q

Recrimination:

A

Party seeking divorce is also guilty of marital fault.

25
Q

No fault divorce available when:

A

marriage is irretrievably broken with no possibility of reconciliation. (30 days)

26
Q

Ct divides property by:

A
  1. Determining what is separate vs. marital property

2. Making an EQUITABLE division of marital property.

27
Q

Separate property:

A

Property owned prior to marriage.

28
Q

Marital property:

A

Everything that isn’t separate property

29
Q

Mixed property:

A

When property is both separate and marital, but isn’t inextricably mingled. (Pensions)

30
Q

Factors to consider in Equitable Division: Who are these people? (Three)

A
  1. Age, education, earning capacity of both parties
  2. Duration of the marriage and if there were prior marriages.
  3. Each party’s opportunity to acquire further income and assets
31
Q

Factors to consider in Equitable Division: What do they have? (Three)

A
  1. Income, including employability
  2. Standard of living during the marriage, which includes a consideration of expenses
  3. Assets and liabilities of each party
32
Q

Factors to consider in Equitable Division: How did they get it? (Three)

A
  1. Source of funds used to purchase the property
  2. Contributions to the marital property of each party
  3. Contributions of the homemaker
33
Q

Factors to consider in Equitable Division: Where should it go? (Five)

A
  1. Health of the parties
  2. Needs of the parties (physical and personal)
  3. Provisions for the custody of children
  4. Whether the distribution is is lieu of spousal support
  5. Marital fault or other conduct of the parties.
34
Q

Four types of spousal support

A
  1. Permanent periodic
  2. Lump sum
  3. Rehabilitative
  4. Reimbursement
35
Q

Factors in determining to make an award of spousal support: (8)

A
  1. Duration of marriage
  2. Standard of living
  3. Financial resources of each party
  4. Age and physical and emotional conditions of each party
  5. Contributions of each spouse during the marriage.
  6. Time needed to get education or training to enable a party to find appropriate employment
  7. Ability to pay while meeting their own needs
  8. Conduct, including marital fault. ADULTERY BARS A SPOUSE FROM RECEIVING SPOUSAL SUPPORT.
36
Q

When can certain types of spousal support be modified?

A

for substantial and material changes in circumstances.

37
Q

Child support amounts are based on:

A

each parent’s ability to pay and the child’s need.

38
Q

Termination of child support:

A

Ends when child turns 18. GA cts may extend child support until kid is 20 if they are still in high school. Can be indefinite if kid has severe disabilities.

39
Q

Remedies for non-payment of either spousal support or child support: (4)

A
  1. Contempt (including jail) until payments are current.
  2. Judgement or levy.
  3. Garnishment of wages
  4. Attorney’s fees.
40
Q

Remedies for non payment of child support: (4)

A
  1. Automatic wage withholding
  2. Interception of tax refunds
  3. Collection services
  4. Non-renewal of drivers and other professional licenses. (Except law.)
41
Q

Legal custody:

A

Right to make decisions about child’s life.

42
Q

Physical custody:

A

actual possession and control of the child.

43
Q

Best interest of the child standard is determined by any relevant factor including: (6 factors)

A
  1. Parents’s wishes/agreements
  2. Wishes of the child. 11 - 13 y/o not controlling, but if 14+ child’s wishes are controlling if ct finds them in the best interest.
  3. Interaction and interrelationship with siblings
  4. Child’s adjustment to school, home, community, etc.
  5. The mental and physical health of the individuals involved.
  6. Parental conduct and fitness.
44
Q

GA cts will decide custody issues against a parent in favor of a non-parent only when the parent is shown to be ___ by ____

A

unfit by clear and convincing evidence

45
Q

Visitation rights for grandparents can be awarded when: (4 factors)

A
  1. Whether the kid lived with GPs for 6+ mos
  2. Whether GP has been financially supporting the kid for 1 + year
  3. Established pattern of childcare or visitation
  4. Any other circumstances
46
Q

When cts find that grandparents have visitation rights they must award at least:

A

24 hrs/mo

47
Q

When will GA not enforce K b/t unmarried co-habitants?

A

When sexual relations constitute ANY PORTION of the consideration.

48
Q

Paternity must be established by:

A

clear and convincing evidence

GA Bar Prep (24 decks)

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