Final Review - Shit I Don't Know for MEEs

Question 1

Which state determines validity of marriage?

Answer 1

Validity of marriage determined by state w/ most significant relationship to spouses

Question 2

Recognition of Marriage

Answer 2

Marriage valid where formed is valid everywhere unless it violates the strong public policy of another state that has the most significant relationship to the spouses and the marriage.

Question 3

Recognition of CL Marriage

Answer 3

Marriage valid where formed is valid everywhere unless it violates the strong public policy of another state that has the most significant relationship to the spouses and the marriage. Thus, most states, even if they do not recognize CL marriage, will honor a CL marriage established in another state.

Question 4

Choice of Law for Premarital Agreement

Answer 4

law of either:

(a) where agreement executed

or

(b) state w/ most significant relationship to transaction and parties (where married, lived while married, currently living, assets located, and children born)

Question 5

Jurisdiction for Ex Parte Divorce

Answer 5

Divorce may be maintained w/o PJ over the absentee spouse ONLY IF plaintiff-spouse = domiciled in rendering state.

BUT if property/support/custody issues, must have PJ over D-spouse

Question 6

Divisible Divorce

Answer 6

One spouse can terminate the marriage (ex parte divorce) in one proceeding, and reserve other issues for a later proceeding.

Question 7

Recognition of Divorce in Other States

Answer 7

A state must recognize final judgments of other states so long as (1) other state had jdxn; and (2) judgment on the merits.

Thus, divorce decree must be given full faith & credit if crt rendering divorce decree had the jdxn to enter it

Question 8

Jurisdiction for Division of Property

Answer 8

Must have PJ over both spouses for prop division to be binding (min contacts? Serving D in state?)

If D-spouse agrees to participate in divorce proceeding, he/she bound by forum state’s prop determination b/c impliedly waived jdxn; (limited exception for state where property located)

Question 9

Seperate Property

Answer 9

(1) Before marriage;
(2) Gifts/inheritance/bequests;
(3) Agreed upon as separate;
(4) Passive appreciation of assets (val increases due to passage of time, not labor)

Question 10

Marital Property

Answer 10

all other prop acquired during marriage including:

(1) active appreciation (due to labor not passage time, but check to see if still sep prop + reimbursement) and
(2) future expectancies (even if won’t be received until after marriage ends).

Some states say no longer marital prop once permanently sep but other state require divorce.

Question 11

Prof License/Degree

Answer 11

Most states say not marital prop but allowed reimbursement for any support provided to spouse to obtain degree/license. Minority say it is marital and value = potential future earnings

Question 12

Mixed Property

Answer 12

Initially SP may be transformed into MP if (a) mingled w/ MP or SP of other spouse to the point where can’t be traced or (b) SP treated w/ intention of being MP (e.g. names in both)

If used marital funds or there was effort by non-owner spouse which enhanced val of SP, the property is still SP but non-owner may be reimbursed for value added

Question 13

Partial Property

Answer 13

Property acquired before marriage but paid for after marriage with marital funds split between marital & separate property in proportion to contribution

Question 14

Recognition of Spousal Support Orders from Other States

Answer 14

full faith & credit to support orders from other states so long state had jdxn and final judgment on merits.

Question 15

Jdxn for Spousal Support

Answer 15

Must have PJ over D-spouse to issue a binding order affecting personal rights. Thus, must have PJ over both spouses for support order to be binding (min contacts? Serving D in state?). If D-spouse agrees to participate in proceeding, he/she bound by forum state’s prop determination b/c impliedly waived jdxn

Question 16

Jdxn for Spousal Support Modification

Answer 16

modifiable only by state where issued so long as at least one party remains domiciled there BUT enforceable anywhere

Question 17

Jdxn for Child Support

Answer 17

Must have jdxn over both parents.

UIFSA - PJ over non-resident parent in parental determination, child custody, or child support case:

(1) Traidtional bases of jdxn: personal service, consent, waiver,
(2) resided w/ child in state
(3) resided in state + provided prenatal expenses/support
(4) child resides in state due to individuals acts/directives
(5) sex intercourse + child conceived by that act,
(6) putative father registry assertion

Long Arm Jdxn + Const DP “purposeful availment” (sexual intercourse counts)

Question 18

Child Support Determination

Answer 18

State-based guidelines that establish a presumption that the guideline-calculated reward is correct; guidelines typically assess:

(1) income and earnings of parents;
(2) number of children and their ages,
(3) special needs of children

Question 19

Jdxn for Child Support Modification

Answer 19

Crt that issued has continuing, exclusive jdxn to modify so long as

(a) at least one party remains domiciled there or
(b) ptys consent on record

BUT enforceable anywhere (FFC)

Question 20

Modifying another state’s order

Answer 20

Can’t modify support order of another state unless:

(1) jdxn to issue order and
(2) either (a) all parties don’t reside in issuing state or (b) each pty consents in writing to jdxn in another state

Question 21

Standard for Child Support Modification

Answer 21

No retroactive modification unless fraud BUT future modification possible upon showing a substantial change in circumstances making prior order unreasonable (depending on state will/won’t modify depending on involuntary/good faith reduction in income vs. bad faith/voluntary reduction);

UMDA → more stringent (changed circ must be “so substantial and continuing as to make terms unconscionable”)

Question 22

Jdxn for Child Custody and Adoption

Answer 22

Court MUST have SMJ to issue or modify a child custody order. PJ or physical presence of a party or child is NOT necessary for a court order (but jdxn is needed over a D-parent to enforce order).

UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) applies to custody + adoption → crt can only decide custody if:

(1) Home State Jxdn - (a) child’s home state OR (b) where (1) child lived w/ parent for 6+ months immediately before action was filed; (2) child is absent from state; and (3) parent still present in state
(2) Significant Connection Jdxn - state with significant connections to and substantial evidence of the child and custody
(3) More Appropriate Forum Jdxn - all other crts decline to exercise b/c this particular crt more appropriate
(4) Temp Emergency Jdxn - (1) child physically present; (2) child abandoned/emergency to protect child

Question 23

Parents vs. 3P Custody

Answer 23

A fit legal parent is given preference, and it’s presumed that such custody is in the best interests of the child.

In some States, this presumption may be rebutted if detrimental to the child.

The court MUST give great weight to a parent’s determination of what’s best for the child (as parental rights are Constitutionally protected).

A court will only grant custody to a third-party upon a showing of special circumstances → abuse, neglect, abandonment, mentally incompetent, or parent surrendered the child.

Question 24

Jurisdiction for Modification of Child Support

Answer 24

The court that had jurisdiction over the original order usually retains continuous and exclusive jurisdiction to make modifications.

− But see exceptions below under PKPA and UCCJEA.

PKPA → Crt may modify order from another State if: (1) jdxn to make an initial determination and (2) issuing State (a) no longer has jdxn, or (b) declined to exercise it.

UCCJEA → Crt may modify an order from another State if: (1) jurisdiction to issue an initial order; AND (2) Either: (a) Issuing State determines it no longer has jdxn; (b) Issuing State determines that the Current State is more appropriate; or (c) crt determines that all parties do not reside in the Issuing State.

Question 25

Child Relocation

Answer 25

Generally approved if (1) sought in good faith and (2) serves child’s best interest but courts vary in whether relocating or objecting party bears burden of proof

Balancing Test: impact on visitation by noncustodial parent v. benefits of move to children and custodial parent