Flashcards in Family law Randoms Deck (28):
what is recrimination?
Recrimination is a defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted.
what is connivance?
Defense to divorce: Connivance is the willing consent by one spouse to the other’s misconduct and condonation asserts that while marital offenses may have occurred in the past, they were forgiven with full knowledge that they had been committed.
what is collusion?
Collusion is an agreement to simulate grounds for divorce, or an agreement not to bring up an existing or potentially existing defense.
What is a voidable marriage deemed unless a spouse seeks to have it annulled?
what type of spousal support may be modified?
A nominal periodic payment may be modified if there is an unanticipated change in circumstances
T/F: all awards of spousal support are final and not subject to modification
What is the primary jurisdictional test under the Uniform Child Custody Jurisdiction and Enforcement Act?
the home state test
what is condonation?
The defense of condonation asserts that while marital offenses may have occurred in the past, they were forgiven with full knowledge that they had been committed. Resumption of marital relations after the forgiveness is the key element of this defense
what is commingled property?
separate property that has become marital property b/c it has been inextricably mixed with marital property
what do most states require for a valid marriage?
A license and solemnization (a ceremony)
what is a putative spouse?
a party who acted in good faith in entering a marriage that was subsequently declared invalid
what is the state of mind required to enter into a valid marriage?
the parties must intend to enter into the marriage relationship
Under the UPAA, parties to a premarital agreement cannot contract to
eliminate child support or determine a child custody arrangement
lack of mental capacity makes a marriage what?
what factors are usually considered courts in dividing marital property at divorce?
Provisions for the custody of minor children, assets, debts and liabilities of the parties and the standard of living during the marriage
what factors does a court consider when determining the amount of spousal support to award in a divorce action?
1. the requesting spouse's needs
2. the paying spouse's ability to pay
3. the standard of living established during the marriage
Under the Uniform Interstate Family Support Act, if there are 2 child support orders in two different jurisdictions, which state law will control?
the law of the child's home state
when awarding custody, what factors does a court consider when determining the best interest of the child?
1. the wishes of the child
2. the child's interactions w/ her siblings
3. child's adjustment to her school
when will a custodial parent be deemed to move to another state with the child?
When the move is motivated by a benefit to the custodial parent and not by a desire to frustrate the other parent's visitation rights
can a parent have a tort action against one who tortiously injures her child?
can the parties have their property rights adjudicated in a legal separation?
Under the Full Faith and Credit Clause, an ex parte divorce does what?
dissolves the marriage but does not settle the parties' money rights
what conditions are necessary for a court's child support order to be given Full Faith and Credit For Support Orders Act?
the court had jurisdiction over the matter and the parties had reasonable notice and an opportunity to be heard
For tax purposes, child support payments are ______ in the income of the recipient and spousal support payments are ____ in the income of the recipient
not includible, and includible
Can a child under 18 convey property?
Yes, however the child may disaffirm the conveyance upon reaching the age of majority
If a granparent demands visitation, who's preference controls?
the fit parent's due process rights in the care, custody and control of her child take precedence
can a 3P bring an action to annul a voidable marriage?
no, the action can only be brought by one of the spouses