Family Law Flashcards
Valid Marriage at Common Law
Exchange of consents
Cohabitation
Holding out publicly
Prenup under UPAA
- Rights surrounding property, disposition of property
- Modification of spousal support
- Wills, trusts, other arrangements
- Life insurance ownership
- Choice of law.
Prenup Enforcement
Good faith, lack of undue influence
- Voluntariness
- Full and fair disclosure of financial worth
- Fair/ reasonable economic provisions for claiming spouse
- Independent counsel
Don’t consider education or length of marriage
Illinois Irrebuttable Presumption of Irreconcilable Differences
Irreconcilable differences have caused irretrievable breakdown of marriage. Efforts for reconciliation have failed. Future attempts would be impracticable.
6 months living apart.
Minimum Durational Residency IL pre-divorce
90 days
Court Division of Property Consideration
- Age, education, background, earning capacities
- Duration of marriage
- Standard of living
- Present income, vocational skills, employability
- Source of money used to purchase
- Health of parties
- Assets, debts, liabilities
- Needs of parties
- Provisions for custody of minor children
Duty to support children
Parents share equal duty
Award for child support basis
Monetary needs of child, parent’s ability to pay
Result of Finalized Adoption
New birth certificate with adopting parents. Biological parents relieved of rights and obligations of parenthood
Non Parent custody standing
Child not in physical custody of parent and nonparent shows good cause to overcome presumption that parent’s right to custody is superior to nonparent’s
Initial custody or visitation jurisdiction
Court has jx until kid/ parent don’t live in state or child no longer has connection w/ state and substantial evidence relating to kid’s care, protection, education and relationships aren’t in state
Home State Test to Modify Custody or Visitaiton
Child’s home state OR was child’s home state w/in 6 months, child absent from state but parent continues to live.
