Family Law Flashcards
(32 cards)
What is Marriage?
Marriage is a civil contract between two parties.
What does a ceremonial marriage require?
A ceremonial marriage requires a license and solemnization.
What does a ceremonial marriage license require?
A ceremonial marriage license requires (1) age; (2) waiting period; and sometimes (3) health testing.
What does solemnization require?
Solemnization requires (1) 2 witnesses; (2) officiant; and (3) marriage license
What does common-law marriage require?
Common law marriage requires (1) agreement the parties are married; (2) cohabitation; and (3) holding themselves out in public as married.
How may a marriage be terminated?
A marriage may be terminated through (1) annulment; (2) divorce; and (3) death.
What does annulment do?
Annulment voids a marriage.
What is a void marriage?
A void marriage is “as if it never happened”
What voids a marriage?
A marriage is void due to (1) A prior existing marriage; (2) incest; (3) mental incapacity.
What is a voidable marriage?
A voidable marriage is a valid marriage until a spouse seeks annulment.
What does a voidable marriage require?
A voidable marriage requires a judicial decree.
What makes a marriage voidable?
A marriage is voidable due to (1) age; (2) unknown natural and incurable impotence; (3) intoxication; (4) fraud, misrepresentation, duress, coercion, force; and (5) lack of intent.
What is divorce?
Divorce is a legal dissolution of marriage.
What does a No-Fault Divorce require?
A no fault divorce requires either (1) irreconcilable differences; or (2) incapacity.
What are the grounds for a fault based divorce?
The grounds for fault based divorce are (1) adultery; (2) cruelty or inhumane treatment; (3) desertion; (4) habitual drunkenness; (5) bigamy; (6) imprisonment; (7) indignity; (8) institutionalization.
What are the defenses to divorce?
The defenses to divorce are (1) recrimination and unclean hands; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; (8) justification.
What are the ways property may be divided?
Property may be divided through (1) Community Property; or (2) Equitable Distribution
What is community property?
Community property splits the property 50/50.
What is equitable distribution?
Fair distribution
What are exceptions to marital property?
The exceptions to marital property are (1) before the marriage; (2) Inheritance; (3) gifts; and (4) settlements.
What are the types of spousal support?
The types of spousal support are (1) lump sum; (2) permanent alimony; (3) durational alimony; (4) rehabilitative alimony; and (5) reimbursement alimony.
What are factors that may affect modification of spousal support?
Factors that may affect modification of spousal support are (1) death; (2) remarriage; (3) cohabitation; and (4) voluntary retirement.
How long may child support last?
Child support may last (1) until 18; (2) until 19 if pursing a high school diploma full time; (3) physical or mental disabilities of the child; and (4) through college.
How can child support be calculated?
Child support may be calculated (1) income shares model; or (2) percentage of income model.
