Chapter 1 Flashcards
(48 cards)
Name 8 states that were community property states
Arizona, California, New Mexico, Texas, Washington, Idaho, Louisiana, Nevada
Original marriage laws based upon …
English common law
Year of first organized women’s rights movement
1848 Seneca falls NY
Second rights movement year
Beginning in 1960’s
Fourteenth amendment on marriage
Marriage is a fundamental right Under due process clause and under equal protection clause you cannot restrict an individuals choice of marriage based on racial classifications
Consanguinity
Blood related
Affinity
Related through/by marriage
States allowing same sex marriage
Connecticut & District of Columbia Massachusetts Maine Maryland New Hampshire New York Iowa Vermont & Washington
First state to legalize gay marriage
Massachusetts
Doma meaning
Defense of marriage act:
States don’t have to allow same gender marriage
States don’t have to recognize same sex marriages from other states
In the us the federal def of marriage is 1 man and 1 woman
Three elements to common law marriage
Mutual agreement to become husband and wife
Cohabitation
Reputation in the community as husband and wife
What miscegenation laws intent was
To presence tea ail
Integrity
Prevent corruption of bloodline
And the obliteration of white pride
Also that marriage has always been left up to the states to regulate
What did Loving v. Virginia argue
The freedom to marry has long been recognized as one of the vital personal
Rights to the orderly pursuit of happiness by free men
Marriage is one of the basic civil rights of man fundamental to our existence and survival
Deprives the lovings of liberty without due process of law in violation of due process clause of 14th ammedment
Rational basis test
In order for a state law to be constitutional there has to be some rational reason got the state to do what it is doing
Strict scrutiny test
In order for a state law to be constitutional there has to be a rational reason AND it has to be the least restrictive thing they can do. No better way
Fundamental right is what scrutiny?
Strict scrutiny. If it’s now a fundamental right it’s non fundamental rational test
Things to do to ensure a prenup is validated
Otherside must have lawyer and you pay for it with no limits and same quality
Has to be signed 30days before weddings and before invitations and deposits
Over disclosure of assets.
At least two drafts and one purposely has mistakes to ensure they read it.
Leave something out a party asked for to ensure they can’t say they didn’t negotiate. One major change they requested.
Save all drafts to show it wasn’t “here we go sign this”
Signing party: videotaped by court reporter to prove they were happy and competent and it was voluntary. Read over each paragraph
Covenant marriage
Must have pre marital and post marital counseling
Waive right to no fault divorce
And show fault
What is in answer to petition
1) admit or deny allegations
2) make own allegations
3) yes or no for prayer & relief
4) ask for what you want
What 7 things must be decided in order to avoid court in a divorce
1) division of assets
2) division of debts
3) spousal maintenance/alimony
4) all issues of legal decision making for children
5) parenting time for children
6) child support
7) decisions about attorney fees and costs
Temporary orders can’t be filed until you file divorce and may include:
Legal decision making, child support/spousal support, use or possession of marital assets
Any debt acquired during marriage is community property except:
Pre marital assets
Pre marital debts
Gift & inheritances
Marital waste
An asset and a debt are?
An asset is something you own
A debt is something you owe
Comingling
Mixing sole and separate property with community property to the point where you can no longer tell the difference
