Family Law

Question 1

Common Law Marriage

Answer 1

A valid common law marriage requires cohabitation for the statutory period, parties hold themselves out as married, and consent which requires capacity and no legal impediments.

Question 2

Bigamous Marriage

Answer 2

A person cannot be married to more than one person at the same time. Thus, bigamous marriages are invalid.

Question 3

Divorce

Answer 3

A divorce will be granted if there are irreconcilable differences and/or the parties have been living separate and apart for a minimum period of time.

Question 4

Divorce Jurisdiction

Answer 4

A divorce decree must be granted full faith and credit by other states if the court rendering the divorce decree had jurisdiction to enter it. A divorce is valid if petitioning party was domiciled in the state that granted the divorce and adequate notice of the proceeding was provided to the other spouse.

Question 5

Premarital Agreement

Answer 5

A premarital agreement will be valid and enforceable if it is in writing and signed by both parties, executed after full disclosure of the property and financial obligations of the parties, and entered into voluntarily.

Question 6

Premarital Agreements: Spousal Support

Answer 6

Generally, premarital agreements that limit spousal support are void. Under the UPAA, modification or elimination of spousal support is enforceable so long as it does not make the former spouse eligible for public support.

Question 7

Premarital Agreements: Child Custody

Answer 7

Child custody will be determined by the best interests of the child at the time of the custody hearing, regardless of any premarital agreement.

Question 8

Premarital Agreements: Child Support

Answer 8

A premarital agreement is not binding on the court with regard to child support. Any provision that adversely affects a child’s right to support is unenforceable.

Question 9

Child Custody and
Modifications

Answer 9

Trial courts are vested with a great deal of discretion in making custody determinations that are in accordance with the best interest of the child. Custody may be modified if there has been a substantial and material change in circumstances affecting the child’s wellbeing.

Question 10

Child Support

Answer 10

Parents have an absolute obligation to support their children as determined by the state’s guidelines. Child support is modifiable based on a substantial change in circumstances affecting the needs of the child or the ability of the parent to pay. The court issuing the initial support order has continuing exclusive jurisdiction to modify it.

Question 11

Relocation

Answer 11

Most courts will permit a custodial parent to relocate with the child if sought in good faith and the move is in the child’s best interests.

Question 12

Third-Party Custody

Answer 12

In custody disputes involving a non-parent, it is presumed that custody with the parent is in the child’s best interest. However, a non-parent may be granted custody if they can show harm to the child or parental unfitness.

Question 13

Alimony

Answer 13

A court is afforded significant discretion in determining if alimony should be granted to an economically dependent spouse under the totality of circumstances. Alimony can be temporary, permanent, or granted in a lump sum.

Question 14

Alimony Modification

Answer 14

Alimony can be modified if there has been a substantial change in circumstances of either party making the previous order unreasonable.

Question 15

Property Division

Answer 15

Marital property is equitably divided at divorce and separate property remains with the owning spouse. Marital property is acquired during the marriage. Separate property is acquired before the marriage, by an inheritance, or by a gift to one party.

Question 16

Property Division or Alimony
Jurisdiction

Answer 16

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

Question 17

Significant Connections Test

Answer 17

If a child has no home state, a state may exercise jurisdiction based on significant connections with the child and at least one parent, or substantial evidence relating to child custody in the forum.

Question 18

Home State Test

Answer 18

A court has jurisdiction to enter or modify a custody order if the state is the child’s home state or was the child’s home state within the past 6 months. A child’s home state is where the child has lived with a custodial parent for at least 6 consecutive months.

Question 19

Separation Agreements

Answer 19

A separation agreement is entered into after marriage and requires full and fair disclosure, consideration, and must be entered into voluntarily.