Family Law Flashcards

(37 cards)

1
Q

In Harris County there are—————family courts,—————–protective order courts and…………………IVD (Child Support Courts)

A

9
1
4

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2
Q

—————–cases are filed each year in Harris County Family Law courts

A

36,000

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3
Q

———————-is a confidential settlement process.

A

Mediation

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4
Q

——————is required by all courts prior to final trial unless agreement on all issues and by some courts before any temporary orders hearings.

A

Mediation

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5
Q

Kind of marriages in Texas

A

Informal

Ceremonial

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6
Q

Who cant you marry?

A
Ancestor or descendant
Sibling
Aunt, uncle, niece, nephew
Cousin
Stepkids or stepparents
Same sex
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7
Q

What age do you have to be to get married?

A

18 or have parental consent

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8
Q

What is annulment?

A

Is voiding the marriag

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9
Q

Grouds for annulment

A

underage or UTI
impotent
mentally incompetent
forced to marry by fraud

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10
Q

What are the residency Requirements for divorce in TX

A

Must live:
In Texas, 6 months
In county, 90 days

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11
Q

Mention the legal beginning for divorce

A
File a petition
Pay filing fees
Service of process
Waiver of service
Petitioner and Respondent
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12
Q

name two types of emergency filings

A

Temporary Restraining Orders

Protective Orders

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13
Q

What are temporary Restraining Orders

A
Ex parte (without a haering) Affidavit required
Duration is 14 days unless extended
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14
Q

What are protective orders?

A

Family violence

280th District Court

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15
Q

If you are—————————you can not get divorced or if the baby was born within—————-days of divorce

A

pregnant

301

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16
Q

Divorce is final when a—————— is issued after all property and child-related issues are resolved.

A

Decree of Divorce

17
Q

Community property is ——————Split in TX

18
Q

How many states do have Community Property division for divorce?

A

9, Tx is one of them

19
Q

How is community property done in Tx

A

Just and Right

20
Q

Is there Alimony in Tx

21
Q

————————————-is an agreement between the 2 people involved.

A

Contactual alimony

22
Q

—————————–is the support ordered during the pendency of divorce.

A

Temporary Spousal Support

23
Q

The amount for a temporary spousal support is what the court finds to be—————-

A

necessary and equitable

24
Q

Maintenance is granted in two circumstances:

A
  1. Spouse convicted of crime of domestic violence w/i 2 years of filing; or
  2. Married 10 yrs & either unable to self-support or child who requires substantial & continuous care.
25
What is the cap for maintenance in TX?
$5000 or 20% of your salary
26
How is it called to keep the kids in TX? | And in the other states it is called?
Conservatorship | Custody
27
How is it called to visit your kids in Tx? | And in the other states?
Possession | Access
28
At what age can a child decide with what parent to live?
at the age of 18 years old
29
What is Manamus?
to sue a judge action
30
What are the Child Support guidelines?
``` 20% of net for 1 child; 25% for 2 children; 30% for 3 children; 35% for 4 children; 40% for 5 children; ```
31
Who can be considered a pressume father?
1. If married to the mother at the time of the child’s birth or within 301 days of the child’s birth; or 2. If he files an assertion of paternity with Bureau of Vital Statistics; or 3. If he is voluntarily named as the child’s father on the birth certificate
32
who files a pressumed father document?
the father
33
who files an acknowledged father document?
the mom and dad
34
What does AoP mean?
Acknowledgment of Paternity
35
What does SAPCR
Suit afecting the parent child relationship
36
What can be done to enforce the law against a person who violates court orders?
1. Lawsuit against a person who violates Court Order. 2. Child support (IVD Courts or CCJ), possession and access, property, support 3. Remedies: Judgment, punishment by jail and/or $, compliance hearing.
37
................... Is to sue a judge action
Manamus