Bar (everything) Flashcards
If the marriage does not take place, __________ must be returned.
Engagement gifts (those made in anticipation of marriage)
If the marriage does not take place, engagement gifts (those made in anticipation of marriage) must be returned.
Procedural Requirements for Marriage:
1) __________
2) __________
Procedural Requirements for Marriage:
1) License
2) Solemnization
Common Law Marriage requirements:
1) __________
2) __________
3) __________
Common Law Marriage requirements:
1) An exchange of consents between two people with capacity
2) Cohabitation;
3) A holding out publicly of living together as spouses
Void vs. Voidable:
If either party already has another living spouse at the time the parties are married, the marriage is _________.
Void as bigamy.
If either party already has another living spouse at the time the parties are married, the marriage is void.
Void vs. Voidable:
A ____ marriage is a complete nullity. No subsequent act may ratify it.
Void.
A void marriage is a complete nullity. No subsequent act may ratify it.
Void vs. Voidable:
A _____ marriage is deemed valid, but because of an impediment that existed at the time of the marriage, one of the spouses may bring an action to have the marriage declared invalid.
Voidable.
A voidable marriage is deemed valid, but because of an impediment that existed at the time of the marriage, one of the spouses may bring an action to have the marriage declared invalid.
Void vs. Voidable:
A marriage between parties who are too closely related is __________.
Void as Consanguinity/incest.
A marriage between parties who are too closely related is Void.
Void vs. Voidable:
A marriage between two parties where one spouse is physically incapable of normal sexual relations is ______.
Voidable as Incurable Physical Impotence.
A marriage between two parties where one spouse is physically incapable of normal sexual relations is voidable.
Void vs. Voidable:
A marriage between two parties where one party is under the statutory age and married without receiving the required consent is usually ___________.
Voidable as Nonage.
A marriage between two parties where one party is under the statutory age and married without receiving the required consent is usually Voidable.
Children of an anulled marriage are ________ children.
Marital.
Children of an anulled marriage are marital children.
No Fault Divorce requires:
1) __________
2) __________
No Fault Divorce requires showing that:
1) Marriage is irretrievably broken
2) Parties have been living apart for specified time
The Fault grounds for divorce include:
1) __________
2) __________
3) __________
4) __________
5) __________
The Fault grounds for divorce include:
1) Adultery
2) Willful Desertion
3) Extreme Physical/Mental Cruelty
4) Voluntary drug/alcohol addiction
5) Spouse’s mental illness
Defenses to Fault grounds for divorce:
1) __________
2) __________
3) __________
4) __________
Defenses to Fault grounds for divorce:
1) Collusion
2) Connivance
3) Condonation
4) Recrimination
Defenses to Fault grounds for divorce:
Collusion is…
__________________________________
In some jurisdiction, collusion will prevent ________________________________________.
Defenses to Fault grounds for divorce:
Collusion is an agreement between the spouses to simulate grounds for divorce or to forgo raising a valid defense.
In some jurisdiction, collusion will prevent the granting of a divorce.
Defenses to Fault grounds for divorce:
Connivance is…
__________________________________
Defenses to Fault grounds for divorce:
Connivance is the willing consent by one spouse to the other spouse’s misconduct. Usually limited to adultery cases.
Defenses to Fault grounds for divorce:
Condonation is…
__________________________________
The essential element of this defense is…
__________________________________
Defenses to Fault grounds for divorce:
Condonation is the forgiveness of marital offenses with full knowledge of their commission.
The essential element of this defense is Resumption of marital relations after the forgiveness.
Defenses to Fault grounds for divorce:
Recrimination is…
__________________________________
In the modern trend, courts generally… __________________________________
Defenses to Fault grounds for divorce:
Recrimination is a defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted.
In the modern trend, courts generally do not recognize or apply this defense.
Three approaches to Division of Property after a divorce:
1) __________
2) __________
3) __________
Three approaches to Division of Property after a divorce:
1) Community Property
2) Equitable Division of Property
3) Equitable Division of Marital Property
Property owned prior to the marriage or property acquired during the marriage by specific gift, bequest, or descent is is considered __________.
Separate Property.
Property owned prior to the marriage or property acquired during the marriage by specific gift, bequest, or descent is is considered Separate Property.
Marital Property is all property acquired during the marriage that does not fall under Separate Property.
After divorce, marital property is subject to _________ distribution by ____________.
After divorce, marital property is subject to equal distribution by the court.
Types of Spousal Support:
1) __________
2) __________
3) __________
4) __________
Types of Spousal Support
1) Permanent
2) Rehabilitative
3) Lump Sum
4) Reimubursement
- Permanent child support payments are paid regularly for ___________________.
- Modification: Permanent child support payments _______.
- Permanent child support payments terminate upon ______________________.
- Permanent child support payments are paid regularly for the lifetime of the recipient.
- Permanent child support payments are modifiable upon substantial change in circumstances.
- Permanent child support payments terminate upon death of either spouse or remarriage of recipient spouse.
- Rehabilitative child support payments are paid regularly for ___________________.
- Modification: Rehabilitative child support payments _______.
- Rehabilitative child support payments terminate upon ______________________.
- Rehabilitative child support payments are paid regularly for a limited period of time.
- Rehabilitative child support payments are modifiable upon substantial change in circumstances.
- Rehabilitative child support payments terminate upon death of either spouse or remarriage of recipient spouse.
- Lump sum child support payments are paid ___________________.
- Modification: Lump sum child support payments _______.
- Termination: Lump sum child support payments __________________.
- Lump sum child support payments are paid either all at once or in a series of payments.
- Modification: Lump sum child support payments are non-modifiable.
- Lump sum child support payments survive the death of either spouse.
