Family Law Flashcards
CL Marriage
ARLM.
Reqs: CACH.
Other states will honor even if not recognized in that state.
Equity Doctine
Strong presumption that most recent marriage = valid.
UMDA - Uniform Marriage and Divorce Act
Invalid marriage can be validated upon removal of the impediment to marriage. Valid as of date impediment removed.
Prenups
Don’t F*** W Virgin Spouse.
Look @ things like: presence of independent counsel, length of time between date of agree and wedding, parties ability to understand agreement, other things like pregnancy or financial loss/embarrassment from cancelling wedding
Prenups - Child Support and Custody
not binding on court if not BIOC.
Jx Generally over family law action
State ct: SMJ over marital actions (divorce, annulment, CS/CC/SS)
Divorce Jx
No PJ over other spouse needed if requesting spouse is 1) dom 2) EQ LT connection w/ state.
Some states have durational residency req b4 can bring divorce action.
FFC in other states if validly granted.
Economic/CC/CS Issues JX
Must have PJ over ∆-spouse in order for FFC.
Establishing Paternity (6 Ways)
- Birth Cert
- Legal Presumption - child born in marriage to mom = dad’s
- Unwed parents sign acknowledgment of Paternity
- Successful challenge by unwed father (DNA test)
- Paternity suit
- Hold out + assume parent responsibilities + est. sub R.
Divisible divorce
ex parte ok and reserve other issues (CC/CS/Alimony) for a later proceeding.
Child Custody - Jx
Need SMJ to issue or modify CC order. No PJ of party or child needed.
UCCJEA if HS, SC Jx, MAF Jx, Emergency, Default
Home State Jx
Child’s HS or
Where child has lived with P for at least 6 months before action
or if < 6 months, old state if 1P still lives there
Significant Connection Jx
If no HS, SC + SubE re child’s protection, training, personal relationships
MAF (More Appropriate Forum Jx)
When courts with HS or SC Jx decline bc this court is MAF
Emergency
PAN
Present
Abandoned
Necessary
