Family Law (Essay Only)

Question 1

What is the standard for child custody, support, and other issues relating to the child?

Answer 1

best interest of the child
OR
best interest and welfare of the child

Question 2

what is a marriage?

Answer 2

civil contract between two people

Question 3

divorce

what are the grounds for a no-fault divorce?

Answer 3

irretrievably broken / irreconcilable differences

Question 4

divorce

what does an equitable division of marital property at divorce require?

Answer 4

“just and fair” division NOT equal 50/50 division

Question 5

what is required for modification or termination of a marriage contract?

Answer 5

state intervention

Question 6

marriage

what is required for marriage (all types)?

Answer 6

• both parties must have capacity to give consent
• exchange of consideration –>
  mutual exchange of promises + impositions of rights and obligations that come with the marriage relationship

Question 7

marriage

what are the two major types of marriages?

Answer 7

ceremonial marriage + common law marriage

Question 8

marriage / ceremonial

what are the two major requirements of ceremonial marriages?

Answer 8

license + solemnization

Question 9

marriage / ceremonial

with ceremonial marriages, what s the age restriction (including an exception if any)?

Answer 9

most states: 18 years old
but can marry if under 18 with parental consent

Question 10

marriage / ceremonial

with ceremonial marriages, is there a waiting period?

Answer 10

yes, most states require one b/t when license is issued and marriage ceremony

Question 11

marriage / ceremonial

with ceremonial marriages, what is the rule for premarital medical testing?

Answer 11

some states require it
but results cannot be a condition for issuance of a marriage license

Question 12

marriage / ceremonial

with ceremonial marriages, when does a marriage license expire?

Answer 12

10 to 30 days after issuance

Question 13

marriage / ceremonial

with ceremonial marriages, when will a license NOT be issued? (4 ex)

Answer 13

• party is already married to someone else
• parties are too closely related
• marriage is a sham
• parties are incapcable of understanding the act of marriage (e.g., drugs, alc)

Question 14

marriage / ceremonial

with ceremonial marriages, what are the requirements for soleminzation?

Answer 14

• at least 2 witnesses to the ceremony
• officiant (e.g., judge, religious leader, political official)
• marriage license must be filed with govt office

Question 15

marriage / ceremonial

what is a proxy marriage?

Answer 15

party has a stand-in at the ceremony b/c they can’t physically attend

Question 16

marriage / common law

what is a common law marriage?

Answer 16

• estabished by custom and cohabitation
• no license or solemization required
• most states have abolished (some have grandfathered)

Question 17

marriage / common law

with common law marraiges, what are the requirements?

Answer 17

4 C’s

• capacity to marry
• consent
• cohabitation
• conduct

Question 18

marriage / common law

what is the requisite time period for a common law marriage?

Answer 18

trick! there isn’t one
cts will consider evidence like common children, joint debt, joint assets, bank accounts, etc.

Question 19

marriage / common law

do states have to recognize common law marriages from other states?

Answer 19

yes, Full Faith and Credit Clause
Exception: state has strong PBPL against it

some states have minimum time period to be domiciled to establish common law marriage

Question 20

marriage / common law

what are the intent and capacity requirements for a common law marriage?

Answer 20

• both parties need legal and mental capacity to enter into the common law marriage
• parties must produce evidence of their present intent to enter the marraige

Question 21

what is a heartbalm action?

Answer 21

historical, no longer recognized

civil tort actions for money damages based on broken engagements or infidelity

Question 22

what is included in a heartbalm action?

Answer 22

• breach of promise to marry
• alientation of affection
• seduction
• criminal conversation

Question 23

what is invovled in the marriage relationship?

Answer 23

many duties and benefits
provides a right to privacy for the marital or family relationship under the Cons

Question 24

what is solmnization?

Answer 24

ceremony

Question 25

what are the three ways to terminate a valid marriage?

Answer 25

* annulment * divorce (dissolution) * death

Question 26

# annulment what is an annulment?

Answer 26

voids a marriage and declares it as having never been valid

Question 27

# annulment what are the two ways to annul a marriage?

Answer 27

* void marriage * voidable marriage

Question 28

# annulment what is a void marriage?

Answer 28

"as if it never happened" ANY party can seek it (parent, guardian, 3p)

Question 29

# annulment what is a voidable marriage?

Answer 29

marriage is valid until a judicial decree dissolves the marriage

Question 30

# annulment what are the grounds for a void marriage?

Answer 30

* prior existing marriage (bigamy) * incest * mental capacity (must be lucid at the moment of the marriage contract)

Question 31

# annulment / void marriage with a void marriage annulment, what happens if there is bigamy?

Answer 31

later marriage is void burden is on the person trying to prove the first marriage EXCEPTION: some states allow marriage to become valid if one party had a good faith belief that the marriage was valid and the impediment is removed (punative spouse doctrine!)

Question 32

what are the grounds for a voidable marriage?

Answer 32

* age * impotence (EXCEPTION: other party knew about the impotence prior to the marriage) * intoxication (EXCEPTION: parties continue to cohabitate after the marriage --> ratification) * fraud, misrepresentation, duress, coercion, force fraud must go to the "essence of the marriage" and be at the time of the marriage, not about future facts must cease living together once the fraud is discovered * lack of intent (like a sham marriage), but can't be annulled if consummated | impotence = helplessness

Question 33

what is the difference between a void marriage and voidable marriage?

Answer 33

void marriage - doesn't require judicial degree, will not be legally recognized for any purpose, any party (incl. 3p) can seek it voidable marriage - requires judicial decree, valid until one of the parties seeks annulment

Question 34

what is the effect of annulment? | next steps after annulment

Answer 34

* either party can seek spousal support * can still seek equitable distribution of marital property * can seek child support if child born within that marriage * cts try to put parties in the same position as before the marriage

Question 35

what is the effect of the annulment on the children?

Answer 35

they are considered marital children (legitimate)

Question 36

# annulment / void marriage what are the defenses to annulment for a void marriage?

Answer 36

only defense is deny the impediment that makes the marriage void

Question 37

# annulment / voidable marriage what are the defenses to annulment for a voidable marriage?

Answer 37

equitable defenses of unclean hands, laches, estoppel

Question 38

what is the putative marriage / putative spouse doctrine?

Answer 38

equitable remedy party who participated in a ceremonial marriage and believes in good faith that the marriage is valid may use a state's divorce provisions even if the marriage is later found to be void

Question 39

what is the definition of divorce?

Answer 39

legal dissolvement of a marriage

Question 40

with divorce, what is the residency requirement in most states?

Answer 40

* at least one party must be a resident of that state * length of residency may vary based on whether hte couple married in that state and/or grounds for divorce happened in that state

Question 41

what are the two grounds for divorce?

Answer 41

no-fault and fault divorce most states recognize only no-fault divorce

Question 42

what is the standard for no-fault divorce?

Answer 42

marriage is "irretrievably broken" also called irreconcilable differences no prospect of reconciliation some states require parties to be separated for a period of time before seeking one spouse can't prevent hte dissolution b/c they want to reconcile

Question 43

why would someone file a fault-based divorce instead of no-fault?

Answer 43

fault divorces can be used to determine support (alimony)

Question 44

what are the grounds for fault-based divorce?

Answer 44

* adultery * cruelty / inhumane treatment * desertion / abandoment * habitual drunkenness (some states) * bigamy * imprisonment * indignity (most states do NOT recognize) * insitutionalization for insanity

Question 45

in a fault-based divorce, what is adultery?

Answer 45

charging spouse had opportunity + inclination by the other spouse

Question 46

in a fault-based divorce, what is cruelty?

Answer 46

requires course of conduct, not one-time incident only some states allow emotional abuse, physical harm only generally must make cohabitaiton unsafe or improper

Question 47

in a fault-based divorce, what is desertion?

Answer 47

one spouse (1) voluntarily leaves the home (2) without cause or consent from other spouse (3) with intent to remain away permanently constructive desertion: some states also include when one spouse forces the other one out and there is fear of harm if they return

Question 48

in a fault-based divorce, what is habitual drunkenness?

Answer 48

frequent habit of getting drunk causes impairment in the marriage alcoholism is not a requirement

Question 49

in a fault-based divorce, what is bigamy?

Answer 49

one party knowingly entered into a prior legal and existing marriage before entering into the current marriage in most jurisdictions, its grounds for annulment + grounds for divorce

Question 50

in a fault-based divorce, what is imprisonment?

Answer 50

if for a specified period of time

Question 51

in a fault-based divorce, what is indignity?

Answer 51

one spouse exhibits negative behavior to the other that renders that spouse's condition intolerable and their life burdensome most states do NOT recognize as basis for at-fault divorce

Question 52

in a fault-based divorce, what is institutionalization?

Answer 52

spouse's insanity or serious mental condition results in spouse being (1) confined to a mental institution for a specified time (2) prior to the commencement of the divorce (3) with no reasonable prospect of discharge or rehab

Question 53

what is the difference between annulment and divorce?

Answer 53

annulment - voids a marriage as if it had never been valid divorce - dissolvement of a marriage

Question 54

what are the defenses to a fault-based divorce?

Answer 54

must be affirmatively plead 1. recrimination - both spouses commit a marital wrongful act of like conduct 2. unclean hands - common when plaintiff's own behavior is in question 3. connivance - complaining spouse has given consent to participate in the marital wrong 4. condonation - party forgives, must have knowledge of the wrongful act and resume martial relations after that knowledge at common law, once misconduct is forgiven, it can't be used as grounds for at-fault divorce 5. collusion - both parites conspired to fabricate grounds for divorce 6. provocation - misconduct is due to something the other spouse is doing 7. insanity 8. consent - consent to desertion or adultery 9. justificiation 10. religion - FAILS in all jurisidctions

Question 55

what are the requirements for mediation?

Answer 55

(1) neutral court-appointed mediator who is unbiased (2) mediator cannot be connected with either party can assist with child support, custody, visitation, parenting time, etc. parties submit settlement agreement to court

Question 56

once a dissolution is granted, what happens next?

Answer 56

most states require a certain period of time to lapse before the divorce is finalized

Question 57

what are the two ways to divide property?

Answer 57

community property equitable distribution (most states)

Question 58

what is a community property division?

Answer 58

presumes equal distribution of marital property

Question 59

what is an equitable distribution?

Answer 59

focus on fair and just distribution of marital property, not necessarily in equal division most states

Question 60

in general, what property is considered martial property?

Answer 60

* all property acquired during the marriage * NOT prop acquired before marriage * NOT gifts and inheritance (except gifts b/t spouses) * NOT prop acquired after separation * NOT prop excluded via valid agreement * NOT any award/settlement payment from a cause of action before the marriage, regardless of when payment was received

Question 61

when separating property, who has the burden of proof?

Answer 61

party asserting property is non marital

Question 62

are gifts **between** spouses marital property?

Answer 62

yes

Question 63

are increases in the value of separate property considered marital property?

Answer 63

yes - resulting from either spouse's efforts improvement due to marital property funds is also marital property

Question 64

is property acquired before the marriage martial property?

Answer 64

no

Question 65

are professional licenses/degrees martial property?

Answer 65

not a property interest that can be distributed may affect spousal support or distribution of asserts

Question 66

is property that a party has sold or granted or conveyed for value martial property?

Answer 66

no, if in good faith before date of final separation

Question 67

what factors are considered for distribution of marital property?

Answer 67

* length of marriage * whether any prior marriages * economic circumstances of each spouse * health, earnings, age, earning potentail, liabilites, needs * contirbutions to education or career advancement of other spouse * needs for future acquisitions * value of any separate property * custodianship of any minor children * standard of living

Question 68

are retirement or pension benefits considered marital property?

Answer 68

yes if acquired during the marriage looks at present value not FV of pension for pensions, part that accrued prior to the marriage is nonmarital, but part during the marriage is marital

Question 69

what are the two approaches for determining if personal injury claim proceeds are marital property?

Answer 69

* marital property approach - if cause of action occurred during marriage, it's marital property even if proceeds received later * separate and marital allocation - depends on nature of award pain and suffering, disability award --> separate, prop of injured spouse lost wages, income, med expenses --> marital property

Question 70

are consortium claims marital property?

Answer 70

separate property of the non-injured spouse | compensates spouse for decline of marriage from personal injury claim

Question 71

is the goodwill of a business considered marital property?

Answer 71

yes if developed during the marriage must be part of the biz and independent of the idv

Question 72

are accumulated sick and vacay days marital property?

Answer 72

split juris, depends on how/when accrued

Question 73

are social security benefits marital property?

Answer 73

not subject to equitable distribution

Question 74

are unexercised stock options marital property?

Answer 74

if acquired during the marriage, yes even if exercised after divorce

Question 75

what are the tax consequences of equitable distribution?

Answer 75

transfer b/t divorcing spouses is not taxed as income transferee's basis in property is same as transferor's basis

Question 76

is modification allowed for a property division?

Answer 76

nope change in circumstances are not considered, but may impact spousal or child support obligations

Question 77

is marital misconduct considerd in spousal support?

Answer 77

generally not a factor

Question 78

can spousal support/maintenance be modified?

Answer 78

yes, even if it was originally permanent

Question 79

if a party wants to modify spousal support, what do they have to show?

Answer 79

party seeking modification has the burden of showing a significant change in circumstances in (1) the needs of the recipient OR (2) financial abilities of the payor

Question 80

what situations may lead to a modification of spousal support? can spousal support be modified or terminated when once of these situations arises?

Answer 80

* death - usually stops * remarriage * cohabitation - doesn't auto end it * retirement - stops or modifies it depending on jurisdiction

Question 81

# spousal support if the payor remarries, what happens to the spousal support?

Answer 81

court may modify

Question 82

# spousal support if the recipient remarries, what happens to the spousal support?

Answer 82

court may terminate

Question 83

what type of jurisdiction does a court need for family law determination?

Answer 83

personal + subject matter jurisdiction

Question 84

typically, how long does child support last?

Answer 84

* kid reaches age 18 * kid reaches age 19 if in high school full time * longer if child's physical or mental condition requires it * through a college degree

Question 85

are child support and visitation rights connected?

Answer 85

nope, entirely separate

Question 86

who has the right to receive child support? can it be bargained?

Answer 86

the child, parents can't bargain it away

Question 87

historically, were non marital children entitled to child support?

Answer 87

not entitled to it

Question 88

currently, are non marital children entitled to child support?

Answer 88

yes, entitled to child support, govt benefits, death benefits, inheritance rights

Question 89

how can non marital kids become martial kids?

Answer 89

* if parents marry after birth of non marital child * father consents to putting his name on birth certificate * father holds himself out to be the father OR * judicial decree

Question 90

what happens once paternity is established?

Answer 90

rights to custody and visitation and duty to support

Question 91

what evidence can be used to establish paternity?

Answer 91

* blood tests ordered by the court * prior statements regarding paternity by dead family members * medical testimony on teh probability or improbability of conception * defendant's acknowledgment of paternity

Question 92

what is the time limit on filing a paternity claim?

Answer 92

trick question! no time limit, it would violate Equal Protection Clause

Question 93

when may a husband who is not the bio father be estopped from denying his duty to pay child support?

Answer 93

* husband promised to provide for the kid * wife relies on that promise AND * wife would suffer economic detriment from relying on that promise

Question 94

through which statute does the court obtain personal jurisdiction over an out-of-state parent?

Answer 94

Uniform Interstate Family Support Act (UIFSA)

Question 95

# child support what sources of income are factored into calculating child support?

Answer 95

* wages * dividends * interest * capital gains * rental income * retirement benefits * social security income

Question 96

# child support what are the two methods of calculating child support?

Answer 96

income shares model (majority) percentage of income model

Question 97

# child support how do you calc child support under income shares model?

Answer 97

child receives same proportion of parental income as if parents continued to live together

Question 98

# child support how do you calc child support under percentage of income model?

Answer 98

determines minimum amount of child support using % of supporting parent's net income, determined by number of kids being supported

Question 99

# child support can a court deviate from the child support guidelines in its calculation?

Answer 99

yes, but must specific why it is deviating + provide support

Question 100

# child support do most jurisdictions include medial insurance / expense in a child support award?

Answer 100

yes

Question 101

# child support / modification can child support be modified? if so, what is the standard?

Answer 101

yes in most jurisdictions requires a **substantial change** in circumstances of (1) child's needs or (2) parents' financial situtation

Question 102

# child support / modification what is considered a substantial change in circumstances?

Answer 102

10%+ change in amount owed burden on party seeking modification

Question 103

# child support / modification if child support is modified, can it be applied retroactively?

Answer 103

yes, retroactive to date of service of the motion for modification

Question 104

# child support when does child support terminate?

Answer 104

* child reaches age of majority * ct might extend if still in HS, disability, goes to college * child marries * child emancipates * termination of parental rights * child dies * NOT child gives birth

Question 105

# child support / modification what are the two ways to move jurisdiction?

Answer 105

* agreement of the parties * the parents and child don't live in the "court of continuing jurisdiction"

Question 106

# child support / taxes can the paying parent deduct child support from their income?

Answer 106

nope

Question 107

# child support / taxes can the receiving parent deduct child support from their income?

Answer 107

nope

Question 108

# child support / taxes can the parent paying for medical expenses deduct those from their income?

Answer 108

yep

Question 109

# child support / enforcement what are the ways to enforce child support awards?

Answer 109

* civil contempt * criminal contempt * wage garnishment * withholding tax refunds etc.

Question 110

# child support / enforcement what is the standard for criminal contempt?

Answer 110

failure to pay is **willful**

Question 111

What does the Uniform Interstate Family Support Act (UIFSA) do?

Answer 111

simplifies the collection from one state to another allows child support order to be enforceable in a second state

Question 112

# custody what is the definition of legal custody?

Answer 112

right to make major life decisions for the child - health, education, religion

Question 113

# custody what is the definition of physical custody?

Answer 113

right to make everyday decisions for daily care and control of the child

Question 114

# custody what is the definition of joint custody?

Answer 114

both parents must be willing and able to cooperate with respect to the wellbeing of the child joint legal custody - neither parent has a superior right to make major decisions joint physical custody - doesn't necessarily require 50/50 time sharing

Question 115

# custody / UCCJEA what is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?

Answer 115

prevent forum shopping for child custody and visitation determines which state can have jurisdiction, change it, or decline it court must have **SMJ**

Question 116

# custody / UCCJEA what are the five types of jurisdiction in order of priority?

Answer 116

1. initial custody determination / home state jurisdiction 2. significant connection jurisdiction 3. default jurisdiction 4. temporary emergency jurisdiction 5. exclusive continuing jurisdiction

Question 117

# custody / UCCJEA when does a court have initial custody determination / home state jurisdiction?

Answer 117

home state - where child lived with parents for 6 consecutive months if child has moved, home state can still have jurisdiction if (1) it was the home state within past 6 months and (2) parent/guardian still lives there

Question 118

# custody / UCCJEA when does a court have significant connection jurisdiction?

Answer 118

(1) no other state is the home state, (2) child and at least one parent have **significant connections** to the new state AND (3) substantial evidence in that state concerning the child

Question 119

# custody / UCCJEA when does a court have default jurisdiction?

Answer 119

(1) no court has home state juris (2) no court has significant connection juris AND (3) court in a state that has **appropriate connections** to the child

Question 120

# custody / UCCJEA when does a court have temporary emergency jurisdiction?

Answer 120

(1) child is in danger AND (2) child requires immediate protection

Question 121

# custody / UCCJEA temporary emergency jurisdiction: what happens if there is a prior custody order in existence?

Answer 121

new ct must allow time for the parties to return to that prior ct to argue the issues

Question 122

# custody / UCCJEA temporary emergency jurisdiction: what happens if there is NOT a prior custody order in existence?

Answer 122

emergency order stays in place until home state changes it

Question 123

# custody / UCCJEA when does a court have exclusive continuing juris?

Answer 123

court that made the initial rulings in the custody case continue to have jurisdiction until (1) parties no longer reside in that state OR (2) child no longer has significant connection to the state AND No substantial evidence of the child's condition continues to be available in the state

Question 124

# custody / UCCJEA when can courts decline jurisdiction?

Answer 124

new home state or court of exclusive continuing jurisdiction can decline when the forum is **no longer convenient** factors * when domestic violence occurred * length of time child has resided outside of the juris * distance b/t competing juris * agreement of the parties * parties' relative financial circumstances * nature and location of evidence that is relevant etc.

Question 125

# custody / UCCJEA how does a court enforce another state's order?

Answer 125

* registration of another state's order - get a certified copy, register it with the new ct, new court can grant relief * expedited enforcement of child custody determination * warranty for child custody (physical possession) * law enforcement

Question 126

# custody / standard what is the standard for child custody?

Answer 126

"best interests and welfare of the child"

Question 127

# custody / standard what is the primary factor to be considered?

Answer 127

who was the primary caretaker during the marriage and separation, prior to divorce?

Question 128

# custody / standard can race be considered?

Answer 128

no

Question 129

# custody / standard can religion be considered?

Answer 129

no (typically)

Question 130

# custody / standard can past sexual conduct be considered?

Answer 130

typically no UNLESS it has a negative impact on the child

Question 131

# custody / standard can domestic violence be considered?

Answer 131

yes, most juris require it presumption in favor of the non-absuive parent (rebuttable)

Question 132

# custody / standard can the child's preference be considered?

Answer 132

only if the child is of sufficient maturity

Question 133

# custody / standard / 3p rights legal parents presumptively get parental responsibility UNLESS

Answer 133

* deemed unfit * detrimental to the child OR * parent has terminated those rights

Question 134

# custody / standard / 3p rights parent vs. grandparent/step parent - who gets the child?

Answer 134

the parent if they are fit EXCEPTION: parent by estoppel (de facto parent) - child was living with a 3p for an extended period of time

Question 135

# visitation do parents have a right to visitation?

Answer 135

yes, constitutional right to see their child visitation must be in the best interest of the child

Question 136

# visitation when is non-custodial visitation denied?

Answer 136

rare only if it would "seriously endanger" the child

Question 137

# visitation can 3p get visitation rights?

Answer 137

generally no protected rights typically limited to individuals who acted *in loco parentis*

Question 138

# visitation are grandparents required to get visitation?

Answer 138

not guaranteed in any state if denied, its will look at the fit parent's decision, conditions in the statute, and best interest of the child

Question 139

# visitation does an unwed bio father have rights?

Answer 139

right to substantive due process must demonstrate a commitment to parenting responsibilities

Question 140

can a court deny visitation for failure to pay child support?

Answer 140

no, these are separate

Question 141

# visitation / modification can visitation be modified? what is the standard?

Answer 141

yes "change in circumstances" must be substantial and unforeseen at time the final judgment was entered

Question 142

# visitation / modification what happens if one parent relocates?

Answer 142

some states place most weight on best interests of child other states give relocating parent the presumptive right to relocate as long as child's welfare is not prejudiced relocating parent has the burden to demonstrate a "legitimate and reasonable purpose"

Question 143

# parental consent is parental consent required for medical procedures?

Answer 143

YES doctor is liable in tort if performs without parental consent exceptions: * emergency * child is older and mature * public health issues

Question 144

# marital agreements what are the three types of marital agreements?

Answer 144

* premarital agreements * separation agreements * property settlement agreements

Question 145

# marital agreements / pre-nup what is a premarital agreement? what is consideration?

Answer 145

contract b/t prospective spouses considerate is a valid marriage

Question 146

# marital agreements / pre-nup is a premarital agreement enforceable with child custody and child support?

Answer 146

not enforceable

Question 147

# marital agreements / pre-nup what is the choice of law?

Answer 147

most courts use state with the most significant relationship to the agreement and the marriage

Question 148

# marital agreements / post-nup what is a separation agreement?

Answer 148

planning for ultimate divorce enforceable as long as there is no fraud or unconscionable aspect

Question 149

# marital agreements / post-nup can a separation agreement cover child support and custody?

Answer 149

yes, can include these

Question 150

# marital agreements / post-nup what is the relationship between a separation agreement and final decree of divorce?

Answer 150

separation agreement is merged into the final decree

Question 151

# marital agreements / post-nup what happens in enforcement if the separation agreement is NOT merged into the final decree of divorce?

Answer 151

enforcement is based on breach of contract

Question 152

# marital agreements / property settlement agreement what is the purpose of a property settlement agreement?

Answer 152

settle and finalize the economic issues between the parties to an impending divorce

Question 153

# marital agreements / property settlement agreement when is a property settlement agreement enforceable?

Answer 153

enforceable as long as there is no fraud or unconscionability

Question 154

# marital agreements what is required for a marital agreement?

Answer 154

DR. FIVS 1. **full _d_isclosure** of assets and debts 1. **_r_easonable and _f_air terms** 1. _v_oluntary 1. _i_n writing AND 1. _s_igned

Question 155

# marital agreements what is required to invalidate a martial agreement under the UPAA?

Answer 155

burden on party trying to invalidate clear and convincing evidence standard (1) agreement was involuntary OR (2) unconscionable when executed (a) spouse did not waive fair and reasonable disclosure AND (b) spouse didn't/couldn't have had adequate knowledge of other's assets and debts

Question 156

# marital agreements what is the result if a marital agreement is invalidated under UPAA?

Answer 156

marriage is voided premarital contract is enforceable only if it will avoid an inequitable result

Question 157

how is property divided between unmarried cohabitants without an express contract?

Answer 157

equitable distribution of property to avoid unjust enrichment

Question 158

# adoption what is the definition of adoption?

Answer 158

(1) prior parent-child relationship is terminated and (2) new parent-child relationship is created

Question 159

# domestic violence does domestic violence include physical, emotional, and mental abuse?

Answer 159

typically only physical

Question 160

# domestic violence what is the relationship required between the perpetrator and victim?

Answer 160

perpetrator has to be in a relationship with the victim or a family / household member

Question 161

# domestic violence what type of behavior is required?

Answer 161

continuum of behavior, single episode generally doesn't qualify

Question 162

# domestic violence what is the most common relief?

Answer 162

injunctive order no contact order

Question 163

# domestic violence / injunctive order what is the two-step process?

Answer 163

1. ex parts order with limited injunctive relief (TRO) AND 2. notice to defendant + hearing for permanent order

Question 164

are children able to convey property and enter into contracts?

Answer 164

yes except wills

Question 165

what happens after a child is emancipated?

Answer 165

(1) no longer a minor (2) has duties and obligations of a adult (3) parents no longer have a duty to support the now-emancipated child

Question 166

are increases in investments due to market apprecation marital property? | Family Law Practice Question

Answer 166

nope, if not the result of spousal efforts or contributions

Question 167

are awards recieved after sepration but before divorce considered marital property? | Family Law Practice Question

Answer 167

most states say it is marital property

Question 168

What is the rule for jurisdiction for a modification of child support? | Essay 3407

Answer 168

UIFSA! state court does not have jurisdiction to modify an order of child support rendered by a court of another state if the original state has continuing, exclusive jurisdiction **unless** parties, including the child, no longer reside in that state or the parties expressly agree to another state’s jurisdiction

Question 169

what is the rule for jurisdiction of a modification of property settlement related to divorce? | Essay 3407

Answer 169

domestic relations issue court may exercise personal jurisdiction over an individual if that person is voluntarily present in the state and served with process while there

Question 170

can a state retroactively modify child support? | Essay 3407

Answer 170

only for the time period where the cause of action is pending but NOT before the date of service

Question 171

if a parent voluntarily changes their employment, what is likely to happen with a modification of child support request? | Essay 3407

Answer 171

reduction in income alone isn't sufficient proof of substantial changes in circumstances cts will consider earning capacity and other factors around the change

Question 172

# divorce / jurisidiction how do states determine SMJ for a divorce? | Essay 5385

Answer 172

most states use residency requirements

Question 173

what is a divisible divorce? | Essay 5385

Answer 173

a court may have sufficient jurisdiction to grant a divorce, but lack such jurisdiction with respect to other divorce-related matters, such as property division, without personal jurisdiction over the other spouse

Question 174

what factors do courts consider when looking at separation agreements? incl when deciding if premartial agreement is voluntary | Essay 288

Answer 174

* time pressure * relative business experience of each party * oppy to be represented by independent counsel

Question 175

"state law does not allow for reimbursement alimony" --> what is this asking about? what is reimbursement alimony? | Essay 288

Answer 175

reimbursement alimony is like someone trying to obtain spousal support based on actions in the past (like dropping out of college to work so they other spouse can go to law school)

Question 176

what are the types of spousal support? | Essay 288

Answer 176

* lump sum * permanent - typically only if marriage is of long duration (15+ years) * limited duration * rehabilitate - limited period of time like until the spouse receives education or employment * reimbursement

Question 177

# tip “Will State B recognize a common law marriage contracted in State A? State A recognizes common law marriage, but State B does not." what is this asking about? | Essay 2207

Answer 177

Conflict of Laws! Apply traditional vested rights and most significant relationship test

Question 178

fundamental rights of fit parents | Essay 297

Answer 178

fundamental right to the care, custody, and control of his children

Question 179

can a state intervene and terminate parental rights? | Essay 2689

Answer 179

* if it is in the best interests of the child * if it would endanger the welfare of the child * grounds for termination include failure to support

Question 180

Necessities doctrine | Essay 2689

Answer 180

creditor may sue either spouse for payment of necessities, but may be required to seek payment first from incurring spouse only creditor, not the other parent, can use

Question 181

parenting decisions | Essay 2689

Answer 181

parent has a right to raise their child as they see fit

Question 182

theory of parens patriae | Essay 2689

Answer 182

court can intervene to protect a child when medical treatment contradicts religious belief and such treatment is required to prevent serious harm to child's health child can be declared neglected and medical treatment ordered

Question 183

# rule statement queen! whether court can exercise PJ over parent under long arm statute, does this violate parent's rights under DP 14th | NCBE Essay July 2021

Answer 183

A custody determination may only be made through the exercise of personal jurisdiction. A custody award based solely on the domicile of the child is not entitled to full faith and credit. Due process demands some act by which the defendant purposefully avails himself of the privilege of conducting activities within the forum state before that state may exercise long-arm jurisdiction.

Question 184

which laws govern child custody contests | Essay July 2021

Answer 184

federal Parental Kidnapping Prevention Act + Uniform Child Custody Jurisdiction and Enforcement Act PKPA and UCCJEA

Question 185

# rule statement queen! whether state court has SMJ over child support award | NCBE Essay July 2021

Answer 185

UIFSA governs SMJ over interstate child support disputes. UIFA utilizes a home state jurisdictional rule that establishes _priority_ among competing child support orders. UIFSA’s home-state rule does not preclude a state from issuing a support order when another state is the child’s home state.