Essay Workshop

Question 1

What is common-law marriage?

Answer 1

A marriage recognized by some states without a formal ceremony, requiring mental and legal capacity, present agreement, cohabitation, and holding out as spouses.

Most states do not recognize common law marriage.

Question 2

What are the elements required for common-law marriage?

Answer 2

• Capacity: mental and legal capacity to marry
• Present agreement: intent to be married now
• Cohabitation: living together
• Holding out as spouses: public recognition of the relationship

Question 3

What is putative marriage?

Answer 3

A doctrine protecting an innocent party who believed in good faith that their ceremonial marriage was valid despite an impediment.

Allows for legal remedies like spousal support and property distribution.

Question 4

What is no-fault divorce?

Answer 4

A divorce process where no grounds for fault are required, typically based on irreconcilable differences.

Question 5

What are common fault-based grounds for divorce?

Answer 5

• Adultery
• Cruelty
• Desertion

Question 6

What is community property?

Answer 6

A marital property system where assets acquired during marriage are equally divided.

Only recognized in nine states.

Question 7

List the nine states that recognize community property.

Answer 7

• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin

Question 8

What is equitable distribution?

Answer 8

A principle requiring a fair (not necessarily equal) division of marital property based on circumstances.

Question 9

What is the difference between marital property and separate property?

Answer 9

• Marital Property (MP): Acquired during marriage, divided between spouses
• Separate Property (SP): Owned by one spouse, generally not divided, includes gifts and pre-marriage assets.

Question 10

What types of spousal support exist?

Answer 10

• Permanent alimony
• Limited-duration alimony
• Rehabilitative support
• Reimbursement alimony

Question 11

What is the standard for modifying spousal support?

Answer 11

A significant and continuing change in circumstances must be shown by the party seeking modification.

Question 12

What is the Uniform Interstate Family Support Act (UIFSA)?

Answer 12

A law governing when a state can establish or enforce child support or paternity regarding out-of-state parents.

Question 13

What is required for a parent to support their child financially?

Answer 13

Both parents are legally obligated to support their minor children, regardless of any agreements.

Question 14

What is the best interests of the child standard?

Answer 14

A legal standard used to determine custody arrangements based on what is best for the child’s welfare.

Question 15

What is the purpose of the UCCJEA?

Answer 15

To determine which court has jurisdiction to decide child custody and visitation issues.

Question 16

What is legal custody?

Answer 16

The right of a parent to make major decisions regarding the child’s upbringing.

Question 17

What is physical custody?

Answer 17

The right of a parent to have the child live with them and provide daily care.

Question 18

Fill in the blank: A _______ is a marriage that occurs without formal ceremony, often recognized by certain states.

Answer 18

[common-law marriage]

Question 19

True or False: A putative spouse is someone who believed their marriage was valid despite an impediment.

Answer 19

True

Question 20

What is spousal support?

Answer 20

Financial assistance one spouse provides to another after separation or divorce.

Question 21

What must a court have to grant a divorce?

Answer 21

Both subject matter jurisdiction and personal jurisdiction.

Question 22

What happens to child support obligations if a parent moves to a new state?

Answer 22

The child support order can be registered in the new state for enforcement, but only the issuing state can modify it.

Question 23

What is the typical age of majority when child support obligations end?

Answer 23

18 years of age.

Question 24

What is the purpose of the UCCJEA?

Answer 24

To dictate which court has jurisdiction to decide child custody and visitation.

UCCJEA stands for Uniform Child Custody Jurisdiction and Enforcement Act.

Question 25

What is home-state jurisdiction?

Answer 25

A court has subject-matter jurisdiction if it is the child’s home state for six months or since birth if the child is under six months old, or if it was the home state in the past six months while one parent still lives there.

Question 26

What conditions allow for significant-connection jurisdiction?

Answer 26

A court can enter or modify an order if: * No other state has home-state jurisdiction * The child and at least one parent have a significant connection with the state * There is substantial evidence in the state concerning the child’s care, protection, training, and personal relationships.

Question 27

What does exclusive-continuing jurisdiction entail?

Answer 27

Courts that make the initial ruling in a custody case have exclusive continuing jurisdiction until: * Both parties no longer reside in the state * The child no longer has a significant connection to the state and substantial evidence is no longer available there.

Question 28

What factors do courts consider under the Best Interests of the Child Standard?

Answer 28

Factors include: * Primary-Caretaker * Child’s Preference * Race or religion (not typically considered) * Third party rights.

Question 29

True or False: Courts generally consider the wishes of an older child when determining custody.

Answer 29

True.

Question 30

What is the presumption regarding legal parents and custody?

Answer 30

Legal parents are presumptively entitled to custody unless established that the legal parent is unfit or it would be detrimental to the child.

Question 31

What rights do unwed biological fathers have?

Answer 31

They have a substantive due process right to contact with the child if they demonstrate a commitment to parenthood.

Question 32

What must a parent seeking modification of a custody order show?

Answer 32

A substantial change in circumstances.

Question 33

Fill in the blank: A premarital agreement is enforceable if there has been _______.

Answer 33

full disclosure.

Question 34

What are the three requirements for a premarital agreement to be enforceable?

Answer 34

The requirements are: * Full disclosure * Fair and reasonable * Voluntarily entered into.

Question 35

What is a separation agreement?

Answer 35

An agreement made between spouses planning for divorce to define property division, spousal support, child support, custody, and visitation.

Question 36

True or False: Terms related to children in separation agreements are always modifiable by the court.

Answer 36

True.

Question 37

What is the Uniform Premarital Agreement Act (UPAA)?

Answer 37

It requires showing involuntariness or unconscionability to argue that a premarital agreement is unenforceable.

Question 38

What is adoption?

Answer 38

Statutory legal action that terminates the previous parent-child relationship and establishes a new parent-child relationship.

Question 39

What rights do adopted children have compared to biological children?

Answer 39

Adopted children have all the rights and responsibilities that biological children would have.

Question 40

What limits exist on parental authority regarding medical treatment?

Answer 40

Courts may intervene if medical treatment contradicts a parent’s religious beliefs when necessary medical care is needed to prevent serious harm to the child’s health.

Question 41

What is a putative father registry?

Answer 41

A registry that allows unwed fathers to register as the father of a child, providing notice and a hearing before parental rights are terminated.

Question 42

What must be shown to invalidate a separation agreement?

Answer 42

Unconscionability or fraud.

Question 43

What is the condition for a custodial parent to relocate with a minor child?

Answer 43

They must show a legitimate and reasonable purpose if it impairs the noncustodial parent's ability to visit the child.

Question 44

What are the factors considered by courts when evaluating a custodial parent's proposed relocation?

Answer 44

Factors include: * Best interests of the child * Relationship of the non-relocating parent with the child * Age and needs of the child * Child’s preference * Quality of life of relocating parent and child.