FL Family Law Flashcards
(39 cards)
Which of the following marriages is VOIDABLE (not void) in Florida?
An incestuous marriage
A marriage involving a party who lacks mental capacity
A marriage involving a party who is currently married to another
A marriage based on fraud or misrepresentation
A marriage based on fraud or misrepresentation
Florida has _______________ common-law marriage
ABOLISHED
A postmarital agreement is not subject to the Statute of Frauds unless
It involves REAL PROPERTY
Which of the following is NOT subject to equitable distribution in Florida?
Professional licenses and degrees obtained during marriage
Retirement or pension benefits acquired during marriage
Proceeds of a personal injury claim meant to compensate for lost wages
Goodwill of a business developed during the marriage
Professional licenses and degrees obtained during marriage
Which of the following statements regarding modification of a parental responsibility order in Florida is FALSE?
There must be a substantial, and material change in circumstances.
Relocation over 50 miles requires a written agreement from the other parent or a court order.
The failure to pay child support is a basis to modify an existing parental responsibility order.
Past or future military deployment cannot be a factor in determining the best interests of the child.
The failure to pay child support is a basis to modify an existing parental responsibility order.
FILL IN THE BLANKS. Under the UCCJEA, a court has home-state jurisdiction if (i) the child lived in the state for at least _________________, or (ii) the state was the child’s home state and the child is now absent, but ______________________ continue(s) to live in the state.
six months; one of the parents
six months; both parents
one year; one of the parents
one year; both parents
six months; one of the parents
In order to involuntarily terminate parental rights, the court must find that grounds have been established _______________________________.
As more likely than not
By a preponderance of the evidence
By clear and convincing evidence
Beyond a reasonable doubt
By clear and convincing evidence
Under what circumstances may a party assert condonation as a DEFENSE to ANNULMENT of a marriage?
If (1) the spouse has KNOWLEDGE of the MISCONDUCT or DEFECT to the marriage;
(2) the spouse FORGIVES the MISCONDUCT or DEFECT;
AND
(3) the spouse RESUMES RELATIONS w/ the guilty spouse
If parties to a marriage have minor children of the marriage or a responding party denies that the marriage is irretrievably broken, what actions may a court take?
1) CONTINUE the PROCEEDINGS for a period (NOT TO EXCEED 3 MONTHS) for the parties to attempt reconciliation;
2) Order either party OR both parties to undergo COUNSELING;
OR
3) ORDER PARTIES to take ANY actions that the court feels may be in the BEST INTERESTS OF THE PARTIES AND THE MINOR CHILDREN
When does Florida provide a simplified procedure to dissolve a marriage in county court?
1) parties agree marriage is irretrievably broken;
2) there’s NO MINOR or DEPENDENT children of the marriage;
3) the Wife is NOT PREGNANT;
AND
4) parties have amicably divided all of their property, assets, debts
What are the three circumstances that result in a void marriage?
1) Prior existing marriage (Bigamy)
2) Mental Incapacity
– not capable of understanding nature of the act of marriage
– or not being age of consent/majority 18/yo or 17 w/ parent consent marrying someone not more than 2 yrs older
3) Incest (Consanguinity)
A judgment terminating parental rights pending adoption is __________ if the court finds that a person knowingly gave false information that prevented the parent from timely making known a desire to assume parental responsibilities toward the minor or from exercising her parental
rights.
This action must be brought no later than __________ after the entry of judgment.
voidable;
one year
In Florida, when a parent or other person who is entitled to access or time-sharing
with a child desires to relocate, that parent may be required to secure:
1) agreement of EVERY OTHER PERSON entitled to ACCESS TO or TIME-SHARING w/ the child;
OR
2) The COURT’S APPROVAL
TRUE or FALSE: The only defense to DIVORCE (not annulment) actions in Florida is a denial of the grounds.
TRUE.
Florida has abolished the defenses of condonation, collusion, recrimination, and laches for divorce actions.
Does an annulment affect the legal status of a child born of a void or voidable marriage?
Yes.
children born of a VOID or VOIDABLE marriage later annulled are NOT considered marital children,
except for probate purposes
When is the increase in value of nonmarital property during the marriage considered marital property?
(1) the increase is the result of the EFFORTS of EITHER SPOUSE
OR
(2) the increase results from the CONTRIBUTION of MARITAL FUNDS/or ASSETS
What interests are not subject to distribution as marital property?
– Professional licenses/degrees,
– FUTURE interests in property,
AND
– social security benefits
Florida permits a natural parent to receive, from the person contemplating adopting the child, payments not to exceed ___ , unless approved by the court, for living expenses and medical care during and for up to six weeks after the birth of the baby
$5,000
*Under the modern trend, when is marital misconduct of an adulterous party considered in alimony proceedings?
*FL applies this modern trend
When the adultery contributed to a DISSIPATION/DEPLETION of MARITAL ASSETS
OR
resulted in a NEGATIVE FINANCIAL IMPACT
Make sure to use the terms _____________ and ______________ instead of “visitation” and “custody”
“Parental Responsibility” and “Time Sharing”
What is *palimony?
*FL does not recognize Palimony between UNmarried Cohabitants
Support provided by one UNmarried cohabitant to another cohabitant after the dissolution of their relationship
When does a court has subject-matter jurisdiction to preside over custody hearings and to enter or modify custody or visitation orders?
When the state:
1) is the CHILD’S HOME state + has been the HOME state for a period of 6 months
OR
SINCE BIRTH, if the child is <6 months old;
OR
2) was the child’s home state in the PAST 6 MONTHS and the child is ABSENT from the state, BUT ONE parent (or guardian) continues TO LIVE IN THAT STATE
If a parent’s domestic violence resulted in a ________ conviction or higher, there is a rebuttable presumption that shared parental responsibility is detrimental to the child
First-degree misdemeanor
What are the (5) requirements for a relocation agreement?
It must:
1) Be IN WRITING;
2) SIGNED by the parent and the other persons;
3) REFLECT CONSENT to the relocation;
4) Describe an ACCESS or TIME-SHARING schedule for the NON-RELOCATING parent and any OTHER PERSON entitled to access or time-sharing;
AND
5) Describe–if necessary-ANY TRANSPORTATION ARRANGEMENT related to TIME-SHARING ACCESS
