Family Law 2 Flashcards
(14 cards)
Rehabilitative alimony
Alimony for a limited period of time, such as until the spouse receives education or employment
A premarital agreement is enforceable if
1) There has been full disclosure; 2) The agreement is fair and reasonable; 3) It was voluntarily entered into
When can spousal support be modified?
In general, spousal support can be modified, even when it has been declared to be“permanent.” The party seeking modification has the burden of establishing a significant and continuing change in circumstances that warrants the modification.
Is modification of property award allowed?
A property division is not modifiable after the fact because it is based on the parties’ assets at the time of divorce. Changes in the parties’ circumstances after divorce do not affect the award.
If a party claims that an asset is non-marital and not subject to equitable distribution, who has the burden to party to prove the assertion?
The moving party
What is a hotchpot approach?
An approach to distributing marital property employed by a minority of states where all property owned by either spouse is subject to equitable distribution
How is the appreciation of non-marital property during marriage generally classified?
Classification of the appreciation in non-marital property will typically depend on whether it remains separate property or if the appreciation can be attributable to spousal labor.
When can a court decline jurisdiction under the UCCJEA?
If the party has wrongfully removed a child from another state.
Note: This can be mitigated if the party informs the other party of the move soon after it occured and provided them with their address. Whether the party contests the move is also relevant.
What is the purpose of the UCCJEA?
The purpose of the UCCJEA is to dictate which court has subject matter jurisdiction to decide child custody and
visitation (and to prevent jurisdictional disputes)
How does personal jurisdiction apply in divorce proceedings?
In order for a court to establish personal jurisdiction, the defendant must have minimum contacts in the state in which the court sits and the exercise of jurisdiction must be fair and reasonable.
How can a plaintiff prevail on the ground of cruelty for a fault-based divorce?
To prevail on the grounds of cruelty, most jurisdictions require a course of conduct by the other party that is harmful to the plaintiff’s physical or mental health and that makes the continued cohabitation between the parties unsafe or improper.
The conduct of the defendant must be serious and typically cannot be based on one isolated incident.
The majority of jurisdictions permit divorces based on cruelty in cases of physical abuse, while only some permit it in cases of only emotional abuse or mental cruelty.
What is a no-fault divorce?
No-fault grounds for divorce arise when the marriage is irretrievably broken and there is no prospect
of reconciliation.
Note: Irreconcilable differences must have existed for a specified period of time before the divorce action was filed.
How do courts factor domestic violence into custody disputes?
Nearly every jurisdiction requires the court to consider the presence of domestic violence between the parties when awarding custody. Some jurisdictions have created rebuttable presumptions in favor of the non-abusive spouse.
Uniform Marriage and Divorce Act
The Uniform Marriage and Divorce Act (UMDA) is a model act to provide a consistent set of laws regarding marriage and divorce across states. It has been adopted in six states
