Family Law Flashcards
(42 cards)
What is required for a state to enter a valid divorce decree?
At least one spouse must be domiciled in that state
Domicile is based on residence with the intent to remain permanently or indefinitely.
What is the limitation of an ex parte divorce regarding property and support rights?
The court lacks the power to adjudicate property and support rights
The divorce decree is considered ‘divisible’; jurisdiction to terminate a marriage does not establish jurisdiction over other divorce claims.
Do temporary visits constitutes minimum contacts for personal jurisdiction in family law?
A defendant must have sufficient contacts with the forum state; temporary visits do not suffice.
What are typical grounds for fault-based divorce?
Cruelty or similar concepts
Cruelty is defined as bodily harm or reasonable apprehension of bodily harm that renders cohabitation unsafe.
What factors can lead to the invalidation of a separation agreement?
Fraud or unconscionability
The unconscionability test varies by court.
What types of property are subject to division in divorce?
Only marital property is subject to division
Marital property includes assets acquired during the marriage except by gift, devise, or inheritance.
What is a marital asset?
An asset acquired by either spouse during the marriage, other than by gift or inheritance.
What must courts consider when awarding alimony?
- Parties’ financial resources and needs
- Marital contributions
- Marital duration
Some states also consider spousal misconduct.
What is the doctrine of non-intervention in spousal support?
It disallows judicial intervention in an intact family.
Can property-division awards be modified after a divorce decree?
No, property-division awards may not be modified after entry.
Under what condition can spousal-support awards be modified?
Based on a substantial change in a party’s circumstances.
What is the significance of the home state in child custody jurisdiction?
The home state has exclusive jurisdiction over custody actions involving the child.
What defines a ‘home state’ under UCCJEA?
The state where the child lived with a parent for at least six consecutive months before custody proceedings.
What is the role of UIFSA in child support orders?
It enforces registered child support orders issued in other states.
What is the basis for child custody determination?
The best interests of the child
Factors include parental wishes, child’s adjustment, and health of all individuals involved.
What must be shown to deprive a parent of custody due to infidelity?
Evidence must show that the parental conduct adversely affects the child.
How are the views of mature children considered in custody decisions?
They are relevant and typically given substantial weight.
What did Troxel v. Granville establish regarding parental rights?
A statute that does not give special weight to a parent’s custody decision is unconstitutional.
What is required for custody modification?
A substantial change in circumstances.
Can a court retroactively modify a child support order?
No, federal law forbids retroactive modification.
What is the Supreme Court’s stance on parental rights?
Parental rights are constitutionally protected but not absolute.
What rights do parents have over visitation decisions?
Parents have a fundamental constitutional right to control their children’s upbringing.
What is the approach of American courts regarding disputes of intact families?
They treat such disputes as private matters to be resolved at home.
What can a state do when parental decisions endanger a child?
Obtain an order overruling the parental decision and ordering appropriate services.
