Fam Law Flashcards
(27 cards)
Issues to look
Prenup
Elements of Valid prenup
Needs to be in writing
Entered into voluntarily (no fraud or duress)
Each party has their own lawyer and time to review
Full disclosure of each spouses prop and assets
Cannot determine child support, custody, spousal support
Postnup
Does not need to be in writing unless land is involved
May waive alimony (not temp alimony)
Voluntary, no duress, no fraud, counsel, full disclosure
Legal standard for granting divorce
No fault state
Irretrievably broken
Mental incapacity for last 3 years
(Misconduct is irrelevant)
Court has jurisdiction to grant if person who filed resided in Fl for 6 months prior to filing
Marital Property
Property acquired by either or both spouses during the marriage.
Benefits that’s accrued during the marriage (retirement, interest, pension) is marital
Enhancement or appreciation of any non marital asset as a result of effort from either/both spouse or contribution of either spouses.
Non marital property
Property acquired prior to marriage and kept separate.
If you commingle then becomes marital property (putting money in a joint account)
Equitable distribution
Marital assets are subject to equitable distribution.
Presumption is a 50/50 split but based on some factors:
Each spouses contribution
Duration of marriage
Econ circumstances
Sacrifices by spouses
Short term marriage
Any marriage less than 10 years
Moderate term marriage
10-20 years
Long term marriage
20 years or more
Pendente lite alymoney
Money from one spouse to another money during the divorce proceedings.
Bridge the gap alimony
Short term to help transition spouse to become single. Does not exceed two years, not modifiable
Rehabilitative alimony
Money given for education, training to become self sufficient. Set for a period of time.
Durational alimony
NO longer available for Marriage of less than 3 years.
May not exceed 50% of the length of a SHORT TERM Marriage
May not exceed 60% of the length of a MODERATE Marriage
May not exceed 75% of the length of a LONG TERM Marriage
If EXCEPTIONAL Circumstances, Court MAY extend term if there is CLEAR AND CONVINCING it is necessary.
Alimony
Adultery may be considered
Factors to determine alimony
Need and ability to pay
Age
Mental/physical/emotional health
Earnings
Care taker for children
Misconduct
Custody
What is best interest of the kid- “Shared parental responsibility” for legal decisions on behalf of the children
Parenting plan
Document submitted to court that shows where the kids will be during the week, weekends, holidays..etc
This is to prevent constant trips to court.
Factors to determine best interest of the kids
Age of kids
Location of parents
Location of family
School
Can child have preference? Yes if old enough
Friends
Surroundings - where are they comfortable
Moving a child
If moving more than 50 miles away, need consent of other parent. Moving parent would need to show that moving is in the best interest. Other parent needs to show that it is not for the best interest
UCC JEA
Uniform child custody jurisdiction enforcement act.
When you have multiple states involved. Two courts involved if talking alimony, custody.
FL circuit court has jurisdiction.
Jurisdiction is child home state and or where child has resided in last 6 months.
Child support
Parents have duty to pay child support until 18 unless physically or mentally handicapped.
Gross income of each spouse - expenses = each spouse has % share
Adoption
Adults can adopt children and other adults. Anybody can be legally adopted
Single, married, same sex can adopt
Adoptive parent
Background check is done
Child can be placed w adoptive parents for 6 months and then state can confirm it’s safe
