Family Law

Question 1

Getting Married

Parties may not have a prior ___ marriage to a living spouse

Answer 1

Undissolved

Question 2

Getting Married

What Are the Procedural Requirements for a Marriage?

Answer 2

1. License
2. Solemnization

Question 3

Getting Married

What Are the Requirements for a Common Law Marriage?

3 Requirements

Answer 3

1. Consent between two people with capacity
2. Cohabitation (no specified time is required)
3. Couple holds themselves out to the public as spouses

A valid common law marriage will be regarded as valid in those states that dont recognize them

Question 4

Getting Married

What Are the Requirements for an Enforceable Premarital Contract?

4 reqs

Answer 4

1. The agreement must be entered into voluntarily
2. The contract must be in writing and signed by the party to be charged
3. Both parties must make a full and fair disclosure of their financial worth
4. The economic provisions must be fair and reasonable

Question 5

Termination of Marriage

Bigamy renders a marriage:

Answer 5

Void

Question 6

Termination of Marriage

Polygamy renders a marriage:

Answer 6

Void

Question 7

Termination of Marriage

Mental incompetence renders a marriage:

Answer 7

Voidable

Question 8

Termination of Marriage

Lack of assent renders a marriage

Answer 8

Voidable

Question 9

Termination of Marriage

Duress renders a marriage:

Answer 9

Voidable

Question 10

Termination of Marriage

Fraud involving the essential elements of marriage renders the marriage:

Answer 10

Voidable

Question 11

Termination of Marriage

Adultery, willfull desertion, extreme physical and mental cruelty, drug/alcohol addiction, and mental illness are all examples of typical:

Answer 11

Fault grounds for divorce

Question 12

Termination of Marriage

What are the 4 traditional defenses to fault grounds?

CCC,R

Answer 12

1. Collusion
2. Connivance (consent to misconduct)
3. Condonation (forgiveness)
4. Recrimination (both parties are guilty)

Question 13

Termination of Marriage

Jurisdiction for a divorce action is proper where:

Answer 13

the party is a bona fide resident of that state

Question 14

Termination of Marriage

Venue for a divorce action is proper:

Answer 14

In the county where the spouses usually reside

Question 15

Termination of Marriage

As long as one party is domiciled in the state that granted a divorce, the divorce decree is:

Answer 15

Valid in all other states

Question 16

Termination of Marriage

Provisions of the decree relating to property rights, spousal support, child support,etc., are given full faith and credit only if:

Answer 16

the court had personal jurisdiction over the defendant

Question 17

Termination of Marriage

The ___ approach to dividing property provides that all property acquired during the marriage is deemed owned by ____ and all prop brought into the marriage by gift/bequest is ____

Answer 17

Community property

1/2 by each spouse

Separate property

Question 18

Termination of Marriage

The ___ approach to dividing property provides that all property is owned by either spouse, whether acquired before or after the marriage.

Answer 18

Equitable division

not equal, but equitable

Question 19

Termination of Marriage

The most common approach to dividing prop is:

Answer 19

equitable division of MARITAL property

Question 20

Termination of Marriage

Marital property is all property acquired by either spouse during the marriage except:

Answer 20

1. Property acquired through gift, bequest, devise, or descent

2 Property acquired in exchange for property that a spouse owned before the marriage or acquired through gift, bequest, devise, or descent

3. The income from or appreciation of property that a spouse owned before the marriage or acquired through gift, bequest, devise, or descent, unless either spouse contributed to the property’s increase in value

Separate property is includes (mnemonic = “BIG”) property acquired Before the marriage,
an Inheritance, or a Gift to one party

Question 21

Termination of Marriage

Separate property may become marital property if:

Answer 21

1. it is inextricably mingled to the extent that it can no longer be traced (commingling) or
2. is treated in a way that evidences an intention for the property to be marital property (transmutation)

Question 22

Termination of Marriage

What 3 most important Factors will Court Consider in Awarding Spousal Support?

Answer 22

Almost all states require the trial court to consider:
1. the parties’ financial resources and needs,
2. marital contributions, and
3. marital duration

The trial court has substantial discretion in choosing to award alimony.

Court may also consider time needed for the party seeking support to obtain the training necessary to find appropriate employment, ability of the payor spouse to meet his needs while paying spousal support & Marital fault (only in some states)

Question 23

Termination of Marriage

____ is paid regularly (e.g., monthly) to support a spouse who has neither the resources nor the ability to be self-sustaining

Answer 23

Permanent periodic spousal support

Question 24

Termination of Marriage

____ is periodic payments for a limited time to enable a spouse to gain skills to become self-supporting

Answer 24

Rehabilitative spousal support

Question 25

# Termination of Marriage ___ is a nonmodifiable, fixed amount payable either all at once or broken down into a series of payments

Answer 25

Lump sum payment

Question 26

# Termination of Marriage ___ is awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree

Answer 26

Reimbursement spousal support

Question 27

# Child Custody The most important jurisdictional test is what state is the child's: | The UCCJEA

Answer 27

Home state

Question 28

# Child Custody A child’s home state is the state in which the child:

Answer 28

lived with a parent (or a person acting as a parent) for at least 6 consecutive months immediately before the commencement of the proceeding ## Footnote (if the child is less than six months old, the home state is where the child has lived since birth)

Question 29

# Child Custody A court has jurisdiction to initially enter or to modify a child custody or visitation order if the state is the child’s home state, or:

Answer 29

was the child’s home state within the past six months and the child is absent from the state, but a parent or person acting as a parent (e.g., guardian) continues to live in the state

Question 30

# Child Custody The standard to be applied in awarding custody is:

Answer 30

Best interest of the child

Question 31

# Child Custody T/F: Custody orders are never modifiable

Answer 31

False. Custody orders are always modifiable if there is a substantial or material change in circumstances

Question 32

# Child Custody It is a strong policy of the law to promote the relationship between the child and both parents by ensuring that both parents have:

Answer 32

reasonable visitation rights

Question 33

# Child Custody A custodial parent may not withhold visitation from a noncustodial parent because of:

Answer 33

a failure to pay child support

Question 34

# Child Custody Courts presume that a **fit** parent’s decision regarding ____ is in the child’s best interest, and this decision must be given deference

Answer 34

third-party visitation

Question 35

# Parentage Most statutes provide that any child is the lawful child of his:

Answer 35

Mother

Question 36

# Parentage A ____ may be brought by the child’s mother, the child, or by state agencies if the child is receiving support from the state

Answer 36

paternity suit

Question 37

# Parentage Statutes often provide that a child is also the lawful child of his father if: | M,M,HO,C,AP,JD

Answer 37

1. parents were married at time of birth 2. parents were married shortly after childs birth 3. father holds child out as bio child 4. father consents to be named on the birth certificate 5. father has acknowledged paternity 6. there has been a judicial decree

Question 38

# Parentage The first step of adoption is:

Answer 38

termination of the bio parents rights

Question 39

# Parentage The second step of adoption is:

Answer 39

creation of a new legal parent-child relationship

Question 40

# Terminating Bio Parents Rights Consent of the bio parents is:

Answer 40

generally required

Question 41

# Terminating Bio Parents Rights Consent from bio parents not required if:

Answer 41

parental rights were terminated in another proceeding

Question 42

# Terminating Bio Parents Rights Consent from bio parents may be waived if the court determines:

Answer 42

it is being unreasonably withheld against the best interest of the child

Question 43

# Terminating Bio Parents Rights Consent of the father of a non-martial child may not be required if he:

Answer 43

has not established a relationship w/ the child

Question 44

Requirements of a valip premartial agreement under the UPAA

Question 45

Choice of Law for Premartial Agreements

Answer 45

State law of the state with most connections or where agreement was executed

Question 46

The failure to meet procedural requirements of a license (will/will not) invalidate the marriage

Answer 46

Will not

Question 47

At the time of the marriage ceremony, the parties must have:

Answer 47

Mental ability to consent | Age may be a consideration ## Footnote Parties must understand their actions and voluntarily agree to them

Question 48

Putative Marriage (marriage by estoppel)

Question 49

Doctrine of necessaries

Question 50

Ex parte protective orders

Question 51

# Claims against a 3rd party Requirements of Alienation of Affection

Answer 51

1. genuine love and affection between married spouses (valid marriage) 2. love and affection was destroyed 3. D's actions caused the destruction of love and affection ## Footnote Adultery not required.

Question 52

# Claims against a 3rd party Requirements of Criminal Conversation

Answer 52

1. valid marriage 2. adultery between D and spouse

Question 53

Annulment declares a marriage invalid because of:

Answer 53

an impediment that existed at the time of the marriage that renders it legally void or voidable

Question 54

Void marriage exists where the parties fail to:

Answer 54

meet an essential requirement of marriage

Question 55

An annulment decree treats the parties as:

Answer 55

though they were never married

Question 56

Removing the impediment

Question 57

Define voidable marriage

Question 58

Issues that can make a marriage voidable

Question 59

Ratification

Question 60

To prove adultery, the filing spouse must present circumstanital evidence of:

Answer 60

1. opportunity 2. inclination

Question 61

The only defense to a no-fault divorce is to:

Answer 61

deny the existence of the traditional grounds for no fault divorce

Question 62

legal separation

Question 63

two step process in property division

Question 64

separate property includes:

Answer 64

pain and suffering award personal damages etc etc .add the rest

Question 65

Martial prop includes ## Footnote material prop is all other prop acquired during the marriage

Answer 65

1. pop acquired during marriage 2. earnings 3. employment benefits, pensions, stock option

Question 66

The portion of a pension earned ___ is marital proprty subject to distribtuion

Answer 66

During the marriage

Question 67

Professional licenses or degrees are not considered marital property unless:

Answer 67

1 spouse put the other spouse through school and that spouse will be awarded through alimony

Question 68

T/F: Property divison is not considered a taxable event

Answer 68

True

Question 69

Marital fault doesnt affect prop distribtuion but it may affect:

Answer 69

Alimony

Question 70

Marital fault may affect prop distribution when:

Answer 70

1. cheating spouse is buying gifts for their mistress 2. spouse has gambling issues

Question 71

When does periodic spousal support terminate?

Answer 71

1. Upon the remarriage of the recipient spouse or 2. the death of either spouse

Question 72

Most jxs will terminate spousal support if:

Answer 72

the recipient spouse is cohabitating with someone in a marriage-like relationship

Question 73

These two types of spousal support are not modifiable and survive the death of either spouse

Answer 73

1. lump sum 2. reimbursement support

Question 74

T/F: Spousal support is not a taxable event

Answer 74

True

Question 75

For spousal support payments exeucted before 2019, payments are deductible by the ___ and income to the ___ unless the instument is modified to reflect the current nontaxable rule

Answer 75

payor recipient

Question 76

What are the 4 types of alimony?

Answer 76

1. lump sum 2.

Question 77

Periodic spousal support may be modified if there is a

Answer 77

substantial change in circumstances regarding needs of recipient or ability of payor to pay ## Footnote This is the only one that can be modified

Question 78

The two main considerations when awarding alimony are:

Answer 78

1. the needs of the claimant 2. ability of the other spouse to pay

Question 79

The purpose of spousal support/alimony is to ensure that the dependent spouse has:

Answer 79

an adequate income stream to meet their needs ## Footnote not necessarily to keep their same lifestyle

Question 80

Some factors to consider when awarding spousal support are:

Answer 80

- standard of living established during marriage - duration of the marriage - age

Question 81

The court has great discretion in awarding as much spousal support as necessary for the maintenance of the requesting spouse

Answer 81

Just remember this

Question 82

To determine the type of support on an exam, a ___ is specified as a total amount

Answer 82

lump sum support

Question 83

To determine the type of support on an exam, a ___ is set out in periodic payments with no grand total | 2 types

Answer 83

periodic support rehabilitative support

Question 84

Child support cannot be modified ___, only ____

Answer 84

retroactively prospectively

Question 85

Child support is modifiable based on a:

Answer 85

substantial change in circumstances

Question 86

Under the Full Faith and Credit for Child Support Order Act full faith and credit must be given to another court’s child support order if: | 3 req

Answer 86

1. the court had jurisdiction over the matter and 2. the parties and the parties had reasonable **notice** and 3. an **opportunity to be heard.**

Question 87

A state can enforce another states order even if they dont have jurisdiction over the parent under the:

Answer 87

Uniform Interstate Family Support Act ## Footnote Under UIFSA, a state without jurisdiction can serve as an intitiaing tribunal to request the court that does have jurisdiction to enforce or modify the order issued in that state.

Question 88

Removal of a child from the jurisdiction is a substantial, material change of circumstances warranting:

Answer 88

Modification of a custody order

Question 89

Under the UCCJEA, the court that makes the intital custody determination has continuing, exclusive, jurisdiction over the matter until the court determines that:

Answer 89

1. neither the child not the parents continue to reside in the state or 2. the child no longer has a **significant connection** with the state and 3. substantial evidence relating to the child’s **care, protection, training, and personal relationships** is no longer available in the state

Question 90

Which court may dissolve a marriage?

Answer 90

The court does not need jurisdiction over both spouses to terminate a marriage. If the plaintiff spouse is domiciled in the forum state or if the state has some other equivalent long-term connection between at least one of the parties to the marriage, then that court has jurisdiction to dissolve the plaintiff’s marriage.

Question 91

Which court may issue a property division order?

Answer 91

unless the court has jurisdiction over the defendant spouse, it may not issue a binding property division or support order.