Family Law

Question 1

What are the limitations on who can marry?

Answer 1

1. Age: Must be the minimum statutory age (usually 18) to consent
2. Must have capacity: the ability to comprehend and voluntarily consent
3. Consanguinity: Cannot marry anyone who is too closely related
4. No bigamy/polygamy (bigamous marriage can be validated when the prior marriage is terminated) (the last of the several marriages is presumed valid unless evidence otherwise)

These are also grounds for annulment if not met or present, depending.

Question 2

What are the three requirements for a valid marriage

Answer 2

Most states require:

1. License - obtained from the appropriate govt. designated licensing office prior to the solemnization
2. Solemnization - conducted by an authorized clergy member or judicial officer
3. Both parties must consent

Question 3

What is a common law marriage and what are the three requirements?

Answer 3

Common Law marriage: A marriage that was entered into without formal legal requirements.

Requirements:
1. Intent: must be in a permanent, exclusive relationship

2. Holding self out as a married couple: joint bank accounts, same last name, telling people they are married etc.
3. co-habitation

Question 4

What are the three requirements for a valid premarital agreement?

Answer 4

1. Writing: Must be in writing to satisfy SoF
2. Voluntariness: Must be entered into voluntarily (no fraud, duress, etc.)
3. Full & Fair disclosure of financial worth by both parties

Question 5

How is property divided upon divorce?

Answer 5

Under family law, property is divided equitably where each spouse takes separate property brought into the marriage and equitably divides property acquired during marriage based on many factors.

Factors: age, earning capacity, duration of marriage, standard of living during marriage, present income needs, child custody etc.

Note: Property distribution decrees are non-modifiable after it has been entered.

Question 6

What is considered separate property upon divorce? What is marital property upon divorce?

Answer 6

Separate property is any property that was acquired before marriage.

Marital property is property that was acquired during the marriage and includes pensions, stocks, lottery winnings.

Question 7

What is mixed-property upon divorce?

Answer 7

Initially separate property that has been transformed into marital property when (1) the SP is comingled with the MP or SP of the other spouse that it cannot be traced (2) SP is treated with the intention of changing it and making it MP.

Question 8

How is child custody determined?

Answer 8

Initial custody is based on home-state jx or significant connection. A state has exclusive jx to modify or enter a child custody order if it is the child’s home state or was the child’s home state within the past 6 months.