Family Law Flashcards
(40 cards)
Requirements for a Valid Premarital Agreement
Requirements of Ceremonial Marriage (for annulment purposes)
1) License (procedural violations/defect won’t invalidate marriage)
2) Marriage ceremony with authorized officiant
3) No legal impediment to wed ((i) can’t be too closely related and (ii) can’t be already married (bigamy))
4) Parties have capacity to consent at time of the ceremony (at least 18, not intoxicated, etc.)
Requirements for Common Law Marriage
- Consent to marry (no legal impediment + need capacity)
- Cohabitation
- Holding selves out publicly as spouses
No license is needed
Describe Marriage by Estoppel or Putative Marriage
An equitable remedy for an invalid marriage to protect the innocent party.
What is Tortious Interference with Marriage?
Holding a 3P liable for a marriage falling apart.
1. Alienation of affection – ???
2. Criminal Conversation – ???
Distinguish between void marriage v. voidable marriage for annulment
Effect of Annulment
Marriage is set aside as if it never existed. Does not bar child support.
Explain which court has JD over a divorce
A court has JD if a spouse is domiciled in that state (2 states can have concurrent JD; not first to file). First judgment/proceeding would render the second proceeding moot.
General grounds for divorce
(1) No Fault Divorce - ???
* Irreconcilable differences - ???
* Living separate and apart for a specified time
* Incompatability – ???
(2) Fault Divorce - ???
* Adultery – (i) opportunity; (ii) inclination
* Desertion – ??? (i) abandonment; (ii) no intent to return
* Cruelty – ???
* Habitual drunkenness or drug abuse after marriage – ??
* Insanity – ???
Defenses to Divorce
No fault: Reconciliatoin
Fault:
* Collusion - ???
* Connivance - ???
* Condonation / Forgiveness - ????
* Recrimination - ???
Compare / contrast legal separation and divorce
- Definition: ???
- Effects: ???
Approaches to Dividing Property at Divorce (3 methods)
2-step process for equitable division to marital property
Define separate property
Describe marital property
What special issues apply to classification of property
- Commingling - ??
- Transmutation of Separate Property - ???
- Improvement of Separate Property - ???
Property Classifcation
Pension rules
Pension $$$ earned during the marriage are martial property
4 types of alimony
- Permanent periodic support - ??
- Lump Sum Support - ??
- Rehabilitative Alimony - ?? (can be awarded w/other types of alimony)
- Reimbursement Support - ??? (can be awarded w/other types of alimony)
Factors Considered when Awarding Alimony
???
Modification of Spousal Support
Terminating Spousal Support
??
Compare/contrast pre-nupital agrements and separation agreements
Rights of Unmarried Persons
When does the trier of fact have a lot of discretion in marriage-related issues?
