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Flashcards in Family Law Deck (34)
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1
Q

alienation of affections

A

If a third person diverts the affection of one spouse so that the other is deprived of a marital relationship, the deprived spouse has a cause of action for alienation of affections against the third person.

2
Q

criminal conversation

A

When one spouse has sexual relations with a third person, the other spouse has a cause of action against the third person.

3
Q

negligent interference with consortium or services

A

Either spouse may maintain an action for loss of the other’s consortium due to injuries from a defendant’s negligence.

4
Q

annulment

A

declaration that a marriage is invalid because there was an impediment at the time of the marriage

5
Q

void marriage

A
  • complete nullity

- annulment action can be brought by any interested party

6
Q

voidable marriage

A
  • deemed valid, but because of an impediment that existed at the time of the marriage, one of the spouses can bring an action to have the marriage declared invalid
  • spouse can ratify the action by continuing in the relationship after the impediment is removed
7
Q

if either party has another living spouse, the marriage is _____.

A

void

8
Q

When a question includes a prior marriage that was not successfully ended before the marriage in question, remember that the subsequent spouse has two possible arguments:

A

(i) the strong presumption that the latest marriage is valid, and
(ii) if the prior marriage has been terminated by divorce or annulment or by the death of the prior spouse, continued cohabitation validates the second marriage under the UMDA.

9
Q

Most states consider marriage between parties that are too closely related ______.

A

void

10
Q

A spouse who was under the statutory age and married without getting the required consent can have the marriage invalidated; these marriages are usually _________.

A

voidable (underage spouse can ratify marriage by continuing in relationship after reaching statutory age)

11
Q

incurable physical impotence

A
  • inability to have normal sexual relations with a spouse

- voidable, so subject to ratification

12
Q

lack of capacity sufficient to annul a marriage

A

(i) a lack of understanding due to a mental condition or the influence of drugs or alcohol;
(ii) a lack of mutual assent to the marriage;
(iii) duress; or
(iv) fraud going to the essentials of marriage

13
Q

Most states divorce statutes provide for divorce without regard to marital fault and usually require a showing that:

A

(i) the marriage is irretrievably broken (irreconcilable differences or incompatibility); and/or (ii) the parties have been living apart for a specified time

14
Q

fault grounds for divorce

A
  1. adultery
  2. willful desertion for a specified time
  3. extreme physical or mental cruelty
  4. voluntary drug addiction or habitual drunkenness
  5. spouse’s mental illness
15
Q

defenses to fault grounds

A
  1. collusion
  2. connivance
  3. condonation
  4. recrimination
16
Q

collusion

A

agreement between the spouses to simulate grounds for divorce or to forgo raining a valid defense

17
Q

connivance

A

willing consent by one spouse to the other spouse’s misconduct (usually limited to adultery cases)

18
Q

condonation

A

forgiveness of marital offenses with full knowledge of their commission (resumption of marital relations after the forgiveness is the key element)

19
Q

recrimination

A

defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted (defense no longer recognized)

20
Q

legal separation

A

does not terminate marriage, but parties may have all of their rights regarding property, spousal support, custody, and child support adjudicated in this proceeding

21
Q

To have jurisdiction over spousal support, out-of-state property rights, child support, etc., the court must have

A

personal jurisdiction over the defendant.

22
Q

community property approach to division of property

A

all property acquired during the marriage is deemed owned one-half by each spouse, and all property brought into the marriage or acquired by gift or bequest is separate property

23
Q

equitable division of all property approach

A

equitable division of all property owned by either spouse acquired before or after the marriage

24
Q

equitable division of marital property approach

A

each spouse takes his separate property and the court divides the property acquired during the marriage

25
Q

permanent periodic spousal support

A

paid regularly for the lifetime of the recipient

26
Q

rehabilitative spousal support

A

periodic payments for a limited time to enable a spouse to gain skills or to become self-supporting

27
Q

lump sum spousal support

A

payable all at once or in a series of payments

28
Q

reimbursement spousal support

A

support awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree (awarded in a fixed sum and is based on the amount of the supporting’s spouse’s contribution)

29
Q

legal custody

A

right to make major decisions affecting the child’s life

30
Q

physical custody

A

actual possession and control of the child

31
Q

A court has jurisdiction to initially enter or modify a child custody or visitation order if the state

A

(i) is the child’s home state, or
(ii) was the child’s home state within the past six months and the child is absent from the state, but a parent or person acting as a parent continues to live int the state.

32
Q

A child’s home state is the state in which

A

the child lived with a parent (or person acting as a parent) for at least six consecutive months immediately before the commencement of the proceedings (or the state where the child has lived since birth if younger than six months)

33
Q

The court that made the initial child custody or visitation determination has exclusive continuing jurisdiction over the matter until the court determines that:

A

(i) neither the child nor the child’s parents continue to reside in the state; or
(ii) the child no longer has a significant connection with the state and substantial evidence relating to the matter is no longer available in the state.

34
Q

adoption

A

a legal proceeding terminating the relationship between the child and his biological parents (if necessary) and establishing a new relationship between the child and his adoptive parents