FAMILY LAW Flashcards
(44 cards)
Requirements for getting married
1) Consent of parties
2) Marriage license
3) Ceremony
Common Law Marriage requirements
1) Consent to marry, including capacity and lack of legal impediments
2) Cohabitation (determined by state statute)
3) The couple holding themselves out as married
4) Presently agree that they’re married
Validity of common law marriage across states
If a valid common law marriage is formed in one state, it will generally be regarded as valid even in those states that do not recognize common law marriage.
Premarital Contracts enforceability
Pre-marital agreements are enforceable UNLESS procured by fraud, duress, or coercion.
Requirements under UPAA for premarital agreements
1) In writing and
2) Signed by BOTH parties
Conditions making premarital contracts unenforceable
1) Involuntary (fraud, duress or coercion)
2) Unconscionable when executed
3) Lack of fair and reasonable disclosure of assets and obligations
Child support and custody in premarital contracts
Custody/child support are unenforceable due to strong public policy in favor of protecting children’s best interest.
Spousal support in premarital contracts
Permitted but not enforceable if it makes the spouse eligible for public welfare.
Jurisdiction for Divorce Actions
State of domicile of either party will have jurisdiction (some states have 90 day residency period).
Exparte Divorce conditions
May be maintained without personal jurisdiction over absentee spouse ONLY if plaintiff spouse is domiciled in rendering state.
Child Support jurisdiction requirements
Court MUST have personal jurisdiction over defendant spouse.
Child Custody jurisdiction requirements
Court MUST have UCC Jurisdiction and Enforcement Act jurisdiction to issue or modify custody order.
Adoption jurisdiction requirements
Same as UCCJEA.
UCCJEA Home State Jurisdiction
Court may decide child custody only if it has: 1) Child’s home state or where child lived with a parent for 6+ months before action was filed.
Significant Connection Jurisdiction under UCCJEA
If there’s no home state, child and one parent must have significant connection to state and substantial evidence in state exists.
More Appropriate Forum Jurisdiction under UCCJEA
If all other courts decline to exercise jurisdiction because more appropriate forum.
Emergency Jurisdiction under UCCJEA
Child is physically present in state AND child is abandoned or it’s an emergency to protect child.
Annulment conditions
Invalidates marriage if: 1) Lack of capacity (duress, fraud, mental incapacity)
2) Bigamy
3) Consanguinity
4) Underage at time of marriage.
Fraud in annulment
Fraud occurs when spouse made misrepresentation prior to marriage on an essential part of the marriage.
Grounds for Divorce
1) Cruel and inhuman treatment
2) Adultery
3) Abandonment for a set amount of time
4) Habitual drunkenness or drug addiction
5) No fault divorce.
Divorce settlement agreement conditions
May be set aside if mediator misconduct or it’s unfair and result of fraud, duress, coercion.
Separation agreement conditions
Invalid if unconscionable or was the result of fraud.
Property Division approach
Equitable Division Approach: marital assets are divided among the spouses by equitable distribution.
Marital Property approach
All property acquired during marriage except by gift, devise or inheritance, are subject to division at divorce.
