florida family law

Question 1

how is family law tested?

Answer 1

• essay form ONLY
• 3 types of essay (2nd type includes a 3rd type)
  1. people married and need divorce (kids and property)
  2. modification: couple divorced and need to modify something (like move away to other state with kids)

Question 2

marriage

Answer 2

Unlike other contracts, a marriage can only be terminated by the court; the parties need a judicial adjudication to terminate the marriage.

The government has a interest in the institution of marriage and can constitutionally impose some regulations.

Marriage is the foundation of a stable society and the primary way for families to provide a stable foundation for children

No need for separate consideration; there is a mutual exchange of love and affection

Same-sex marriages are valid in all states and all states must recognize a valid same-sex marriage from another state.

VVVVVVVV

ceremonial marriage

(1) no fraud, threat, duress, or mistake
(2) capacity: Mental capacity, not already married, age, and not too closely related by blood (consanguinity) or marriage (affinity)
* Mental capacity—capable of understanding the nature of the act of marriage
* age: The minimum age is 18, but 17-year-olds can marry if the minor has the consent of their parents or legal guardian; and The other party to the marriage is not more than 2 years older than the minor.

(3) Consanguinity

No full-blood relatives and no half-blood relatives.

No lineal descendants, but first cousins can legally marry in Florida.

Adoptive relatives can marry so long as they were not related prior to adoption.

(3) compliance with formalities

License
* age
* 3- day waitinf period, unless there is a waiver for: Good cause, Non-Florida resident, Completion of pre-marriage preparation course
* Verification of receipt and reading of Florida Family Law Handbook issued by the Florida State Bar on Marriage
* If the marriage license is lost or defective, then the marriage may be proved by 2 witnesses with affidavits regarding where the marriage took place or where the license was filed.
* A marriage license will not be issued if there is a lack of capacity: One of the parties is already married to someone else, The parties are too closely related, The parties are too young, The marriage is a sham, The parties are incapable of understanding the nature of the act

solemnization
* By a judge, political official, or clergy who certifies the license within 10 days and returns it to the licensing office.
* There is no requirement that a spouse takes the other spouse’s surname. If assumed, a spouse may revert to use a maiden name without legal process.

VVVVVVVV

Common Law Marriage

Abolished in Florida, but common-law marriages prior to 1968 are valid.

Florida courts will recognize, under the Full Faith & Credit Clause, valid common-law marriages from another state.

(1) Conduct and Cohabitation
* Parties must express or demonstrate that they believe they are currently married
* Jurisdictions vary regarding the burden of proof to prove a common-law marriage.
* the prevailing approach requires clear and convincing evidence
* Some jurisdictions require only a preponderance of the evidence.
* Cohabitation alone is NOT sufficient to establish a common-law marriage.
* Must look to the parties’ conduct, including:
* Joint finances, assets and debts;
* Common children;
* Signed documents as married: tax returns, insurance forms, school forms, medical documents
* Other conduct: rings, mail, family, neighbors, etc.

vVVVVVVVVVVVVVV

Termination: Death, Annulment, and Divorce

(1) annulment

Voids a marriage as if it never happened

two types: void and voidable
* Void marriage—void ab initio
* Voidable marriage—valid until adjudicated void by the court
* Anyone can attack a void marriage; only the parties themselves can seek an annulment of a voidable marriage.
* A void marriage does not need a judicial adjudication; a voidable marriage is valid until judicially dissolved.

void marriages
1. Prior existing marriage—already married
2. Mental incapacity—did not understand the nature of the marriage contract
3. Incestuous marriage—too closely related by blood or marriage

voidable marriages
(1) Age—under the age of consent to marry
* If the minor continues to freely live and cohabitate with the other spouse AFTER reaching the age of consent to marry (18), then cannot seek an annulment (ratification).
(2) Impotence—naturally and incurably impotent, unless the other party knew before marriage
(3) Intoxication—either party was under the influence of drugs or alcohol, making that party incapable of entering into the marriage contract, UNLESS they continued to cohabit together (ratification)
(4) Fraud, misrepresentation, duress, coercion, or force—fraud or misrepresentation must go to the “essence of marriage” and be based on present, not future, facts
* Essentials of marriage do not include fortune or character
* If the parties continue to freely cohabitate after discovering the fraud, no longer voidable
(5) Lack of intent—sham or joke, unless consummated
* Limited purpose marriages, sometimes in the context of immigration purposes

Distribution of Property or Alimony
* Florida law is unclear on the division of property in an annulment. Most courts try to put the parties in the same position as they were prior to the marriage.
* Temporary alimony, called pendente lite, may be available during the pendency of the annulment.

defenses
* Recrimination—unclean hands
* Condonation—forgiveness
* Laches—too late
* Ratification—cohabitation after the defect is discovered

Question 3

prenuptial and postnuptial agreements

Answer 3

prenuptial= entered into before marriage and in contemplation of marriage between prospectus spouses
postnuptial= after marriage
both can modify almost every right, except
1. right of child to receive child support
2. right to receive alimony pendente (temporary alimony)

Question 4

requirements for prenuptials:

Answer 4

1. has to be in writing
2. signed by both parties
3. consideration (getting married, if never married then it has no effect)
   * can be modified/revoked afterwards when signed by both parties, no consideration needed

Question 5

requirments for prenuptials: other contract defenses

Answer 5

can use any defense, like fraud, duress, coercion

Question 6

requirments for prenuptials: unconscionable prenuptial agreements

Answer 6

• not enforceable
• BUT, under Uniform Marital Agreement, if the other party (to whom its not unconscionable for) had a fair and reasonable disclosure of poperty/financial obligations, then it will be enforced

Required Financial Disclosures
* Financial affidavits
* Three years of tax returns
* Paystubs for 3 months of current income
* Loan applications

Question 7

marital agreements and division of property: premarital agreement –> uniform premarial agreement act (fl and majority rule)

Answer 7

Content includes: the division of property, alimony, and attorney’s fees upon divorce, separation, or death

Cannot determine child support or custody

Statute of Frauds applies (i.e., must be in writing)

Effective date is the date of marriage

Can only be amended, revoked, or abandoned by a writing signed by the parties

No separate consideration necessary

Validity and Enforcement

Modern approach—the agreement is presumed valid and enforceable if it meets the requirements

The burden of having the agreement not enforced is on the party trying to avoid the agreement.

Requirements
* in writing
* Voluntarily executed;
* No fraud, duress, coercion, or overreaching and
* Was not unconscionable at the time of execution

(1) Voluntary with no fraud, duress, coercion, or overreaching; factors:
* Time pressure to execute the agreement
* Lack of legal counsel or opportunity to obtain
legal counsel
* Education
* Business sophistication or saavy
* Age
* Health
* Language proficiency

(2) Unconscionable at the time of execution, if:
* No fair and reasonable disclosure of assets and financial obligations
* Did not waive such disclosure; AND
* The party did not have knowledge and could not have
reasonably obtained knowledge of such assets and obligations.

Question 8

requirements for postnuptials

Answer 8

no consideration required
1. in writing
2. signed by both parties
3. full disclosure of property and financial obligations OR completion of discovery

Question 9

modification of porperty settlement agreement and equitable distribution

Answer 9

• prohibited
  *once a property settlement agreement/portion is reached, can NEVER be modified
• finality of decision
• equitable= once court divides property, CANT change
• Exception: Fraud—motion must be filed within 1 yr

Question 10

dissolution of marriage

Answer 10

Divorce

Question 11

dissolution of marriage: jurisdiction

Answer 11

• florida circuit court generally has jurisdiction over divorces
• subject matter jurisdiction: at least one party must hvae been a resident for 6 mos

Personal jurisdiction
* Minimum contacts;
* Physical presence;
* Property in the state; or
* Consent

ex parte (divisible) divorce—the court divisible the issues to be adjudicated
* Typical divorce proceedings cover: marital status, propery division, alimony, child support, child custody, and attorney’s fees
* If the court lacks personal jurisdiction over one of the parties, the court may issue a divorce adjudication as to status only; without personal jurisdiction, the court cannot adjudicate issues of property, alimony, or children

Simplified Dissolution Procedure—County Court (versus Circuit Court)
* The purpose is to avoid the need for attorneys.
* Requirements: no minor children, the wife is not pregnant, and all assets and debts are amicably divided
* Parties must file a financial affidavit, financial disclosures, and draft a settlement agreement
* This procedure waives a trial and appeal.

Question 12

dissolution of marriage: no-fault divorce

Answer 12

• fl is no-fault divorce
• MUST say this in essay
• only need to prove marriage is “irretrievably broken” or Incapacity—spouse must be adjudicated mentally incompetent for at least 3 years prior to filing
• if both parties admit to this, its entered into evidence
• if one party denies, judge must
  1. continue case for up to 3 mos to allow the couple to reconcile (pause case)
  2. order counseling before granting divorce (case continues)
  3. do what judge thinks is in best interest of parties and children
• does not matter who is at “fault” in divorce, EXCEPT for alimony

Question 13

dissolution of marriage: residency requirements

Answer 13

must have actual intent to reside in fl (have been resident for 6 mos with intent)

Question 14

equitable distribution

Answer 14

• process court divides marital assets and liabilities
• assets: car, house (mostly tested)
• liability: debt, mortgage (Rarely tested)
• ed: presumes equal distribution, unless factors show unequal distribution is warranted

Question 15

equitable distribution: identifying marital assets and liability

Answer 15

• court only has jurisdiction over marital assets
• marital= 50/50 distribution
• identified the instance divorce is filed
• marital assets
  1. all property acquired during marriage
  2. inter-spousal gifts
  3. property owned as tenants by the entirety
  4. personal poperty titled jointly
  5. retirement plans **accumulated in marriage **
  6. Personal injury proceeds—allocated between marital and nonmarital property depending on the replacement of the particular award: Award for pain and suffering is non-marital property but Award for lost wages during marriage is marriage and award for medical expenses is marital
  7. Goodwill of a marital property business is marital property
  8. Form of title is not determinative of the characterization unless it is titled as tenants by the entirety (marital property)
  9. Debts are equitably divided
  10. enhancement of non-marital assets, resulting from efforts of either party during marriage

Question 16

equitable distribution: non-marital assets and liabilities

Answer 16

1. property acquired before marriage **OR/AND **acquired in exchange of such property (owned car before marriage, then married and sold car- that money is non-marital)
2. assets acquired separately by non-interspousal gift or acquired in exchange of such property (like your brother or a will gave it to you)
3. income derived from non-marital assets, unless converted for marital purposes
4. Professional licenses and degree
5. Expectancy (possible future interest)
6. Social Security benefits
7. any assets excluded in pre/post-nup

Question 17

equitable distribution: passive vs active appreciation of non-marital assets

Answer 17

• enhancement of value of non-marital asset
• over time, increase of value in property (house/stock) subject to equitable distribution (AKA marital)
• passive= due only to market forces (non-marital)
• active= when you use time, $, efforts to increase value, the added value is marital

Question 18

equitable distribution: date of valuing marital assets

Answer 18

whatever date judge finds fair and equitable

Question 19

equitable distribution: factors to consider when making an equitable distribution

Answer 19

judge can consider
1. economic circumstances of the party
2. contribution of 1 party to home and care and education children
3. duration of marriage
4. career and educational sacrifices
5. Contributions to the education or career of the other spouse
6. Interest of one spouse to retain an asset such as a business or professional practice
7. Contributions to the production of income or incurring liabilities
8. Intentional destruction of marital property
9. Retention of the marital residence for children
10. Any other factors the court finds “necessary and just”

Question 20

equitable distribution: examples
H and W divorced in FL. which of the following items subject to ED (aka Marital)
1. house bought during marriage and held in TBE
2. guest cottage owned by W prior ot marriage which W and H renovated
3. antique pair of shoes H got as gift before marriage to W from his dad
4. a watch W gave to H as gift during marriage
5. W’s retirement opened before marriage which increased by 50x during marriage
6. engagement ring H gave W before marriage
7. wedding rings purchased and used by H for wedding
8. harry’s premarital home which both parties lived in during marriage and paid down mortgage

Answer 20

1. yes
2. no, but if it was active appreciation then that amount is marital, because they both renovated it
3. no
4. yes
5. depends on active vs passive
6. no if h ended engagement, but if w ended engagement then yes
7. same as before
8. yes

Question 21

ED primary residence of kids

Answer 21

in ed, if primary residence of kids distribution of property can be delayed (until kids older, in best interest of children)

Question 22

alimony

Answer 22

1 spouse’s need for $, and ability for other party to pay it
MUST say this in essay!

(1) Factors in Determining Whether to Award Alimony
* Financial resources
* Standard of living
* duration of marriage
* Age and health
* Earning capacity, education, vocational skills, employability
* Time to acquire employment training or education
* contributions to the marrigae: enhancing career, homemaking, child care
* Responsibilities to minor children
* Tax consequences
* Marital misconduct if such conduct resulted in a dissipation of marital assets
* Imputation of income (when one spouse is voluntarily unemployed or underemployed)
* Any other factor necessary to do equity and justice

Question 23

alimony: adultery

Answer 23

The court can consider adultery and the resulting economic impact on setting alimony amounts

Question 24

alimony: modification

Answer 24

can be modified based on substantial change of circumstance in one or both parties

Supportive relationships can terminate all types of alimony

Question 25

alimony: types

Answer 25

1. temporary or pendente lite 2. bridge-the-gap 3. rehabilitative 4. durational **ALL TYPES **based on need vs ability to pay * judge can award none/all/some/one of these alimony types

Question 26

alimony: length of marriage

Answer 26

short term= 0-10 medium= 10-20 long= 20+

Question 27

alimony: temporary/pendente lite

Answer 27

* awarded during pendency of proceeding (During discourse, partner has enough $ to live)

Question 28

alimony: bridge-the-gap

Answer 28

* **CANNOT** be modified * **legit** need to help spouse transition from married to single life * **NOT** to exceed 2 yrs, terminates on death of either party/remmariage of recipient

Question 29

alimony: rehabilitative

Answer 29

* designed to help party develop skills and training * rehab plan outline must be available * help the party become self-sustainable * modify based on substantial change in circumstances * terminated by failure to follow/or upon completion of plan, or supportive relationship * limited to 5 yrs in length

Question 30

alimony: durational alimony

Answer 30

* for a certain amount of yrs. * **cannot** exceed length of marriage * can not be awarded for marriages less than 3 years in length. * An award of durational alimony may not exceed 50% percent of the length of a short-term marriage (0-10 yrs), 60% the length of a moderate-term marriage (10-20), or 75% of the length of a long-term marriage (20+). (50-60-75 rule). * modifiable by substantial change/supportive relationship

Question 31

parenting plan

Answer 31

* parties married and have kids. * plans how parents will parent * consists of time sharing plan doc and parental responsibility doc * Standard for **BOTH is BASED ON BEST INTEREST OF THE CHILD **

Question 32

parenting plan- time sharing plan

Answer 32

determines how much time each parent gets with child other factors (besides best interest of child) 1. time parent can spend with child 2. Ability to provide for the child’s needs 3. Primary caregiver prior to divorce 2. moral fitness 3. whether parent will encourage close relationship with other parent 4. reasonable preference of child (depending on their age) 5. Division of parental responsibilities 6. Geographic location of the parties and travel time 7. Health of parents 8. capacity to provide stability 9. domestic violence 10. capacity to communicate with the other parent 11. substance abuse 12. capacity to protect child from litigation 13. any other factor relevant to the parenting plan **VVVVVVVV** *Other Factors* Religion or race—Religion may be a factor, but race cannot be a factor Parents’ sexual conduct—Not a factor unless there is direct evidence of a negative impact on the child Third party rights * Parents are presumptively entitled to parental responsibilities unless: * The parent is deemed unfit * It is detrimental to the child; or * Parent’s rights have been terminated Child’s preference * May be considered if the child is of sufficient maturity * No statutory age * Child cannot testify or be deposed absent court order for good cause or an emergency Siblings—Courts avoid separating siblings Domestic violence * Must be considered in determining parental responsibility * Conviction of a first-degree misdemeanor or greater results in a rebuttable presumption of a detriment to the child * child support is still owed HIV / AIDS—not a factor, but the parent may be required to follow recommended safety precautions **VVVVVVVVV** *Electronic Communication Between Parent and Child* Does not replace in-person contact There is a rebuttable presumption in favor of in person contact Not used to calculate child support The court will consider: * best interests of the child * Availability and affordability of electronic communication * History of substance abuse or domestic violence **VVVVVVVVVVV** Parenting Course—Each parent must complete a court-approved parenting course. **vvvvvvvvvvvv** *Modification of Parenting Responsibility and Time-Sharing* There must be a essential, material, and unanticipated change in circumstances AND best interests of the child (1) Relocation Over 50 Miles Written relocation agreement from the other parent or anyone who has time-sharing with the child with access for time-sharing and travel arrangements, OR court order Factors * Involvement of and relationships with parents, siblings, and other important people * Age and needs of the child * Employment and financial circumstances * Child’s preference if of sufficient maturity * History of promoting parenting time * Whether the move will enhance the child’s quality of life * Motives of the parents * Whether child support is current * History of domestic violence or substance abuse * any other factor regarding the child’s best interest (2) Military Service Uniform Deployed Parents Custody and Visitation Act—Enacted in Florida in 2018 past deployment or possible future deployment is not a factor in determining the best interests of the child. (3) termination The parental responsibility order terminates: * At the death of the custodial parent; or * When the child reaches the age of majority (18) **VVVVVVVVVVVV** *Enforcement of Parental Responsibility and Time-Sharing Orders* Failure to pay child support is not grounds to refuse time sharing. Failure to honor time-sharing remedies: * Make-up time * Attorney’s fees and costs * Parenting course * Community service * modify parenting plan If there is a risk the child will be removed from the state, the court can: * Order the child’s passport be surrendered * Order the parent to post a bond or other security * Restrict travel to only those countries that are part of the Hague Convention

Question 33

parenting plan- parental responsibility

Answer 33

* **MUST** be established when minor children involved * can be sole with advisement, sole without advisement, or parallel shared * presumption of shared parental reposbility unless not in best interest of child. * Parallel Shared Parental Responsibility is split decision-making rights between parents, usually based on a parent's unique or special expertise or skills in a particular area * which parent gets to make decision on behalf of child: 1. school 2. religion 3. doctors

Question 34

child support

Answer 34

* cannot be waived * right belongs to child * duty of **BOTH** parents to support minor * parent with less visitation, pays cash to parent with more visitation (living vs not living) * until child is 18/legally emancipated * exceptions 1. duty to pay extends if child is 18-19 and still in highschool 2. child physically/mentally dependent (continues until no longer dependent- could be until death) 3.child emancipated (at least 16 yo and in best interest of child) (1) Amount of Support: Income Shared Model Takes a equal part of both parents’ income on the theory that the child should receive the same percentage of income from both parents had the parents remained married. All sources of income are included, but not public assistance Income can be imputed for voluntary unemployment or voluntary underemployment Child support guidelines set forth a rebuttable presumption of correct calculation Court may deviate up or down by 5% from the presumptive amount If there is more than a 5% deviation, the court must set forth findings of fact to explain and support the deviation * Age of child * child's special needs and expenses * Standard of living * Station in life * parents finances Child support orders must provide for health insurance unless it is not accessible and unreasonable Childcare costs must be included in the total support First children first: subsequent children are only considered regarding an increase in support Post-secondary education: no financial obligation (2) Modification of Child Support substantial change in circumstances * at least a 15 or 50% difference in the resulting calculation (whichever is greater) from the prior order * The burden is on the party seeking modification * There is an imputation of income for a voluntary reduction in income * Incarceration: * The obligor must file a petition seeking modification. * Payments are suspended, but monies still accrue. * Can be retroactive to the date of filing for modification, but cannot modify previously accured child support obligation

Question 35

child support: sanctions for failure to pay

Answer 35

Civil and/or criminal contempt Garnish wages of obligor parent Child Support Recovery Act: it is a federal crime if it is unpaid for over a year or more than $5000 is due interception of tax refunds Credit reporting suspend driver's license Professional license suspension Seize property and assets Attorney’s fees Uniform Interstate Family Support Act: collection of out-of-state support Full faith and credit for child support orders

Question 36

professional responsibility issues

Answer 36

* contingency fee agreements * In Florida, a lawyer is prohibited from entering into an arrangement for, charging, or collecting a contingent fee in a domestic-relations matter when the payment or amount is contingent on the securing of a divorce or on the amount of alimony or support, or property settlement in lieu thereof. However, a lawyer can enter into a contingent-fee agreement if the domestic-relations matter involves past-due alimony or child support.

Question 37

equitable distribution: interim (partial distribution)

Answer 37

Allowed for good cause Credited in the final allocation

Question 38

equitable distribution: final distribution

Answer 38

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 39

property division: attorneys fees

Answer 39

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 40

equitable distribution: collaborative law process

Answer 40

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 41

equitable distribution: interim (partial distribution)

Answer 41

Allowed for good cause Credited in the final allocation

Question 42

property division: attorneys fees

Answer 42

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 43

equitable distribution: collaborative law process

Answer 43

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 43

equitable distribution: final distribution

Answer 43

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 44

supportive relationship

Answer 44

How long is the cohabitation? Do they hold themselves out as a married couple? Is there joint contribution to property Do they both support the other’s children? Do they support each other financially or provide services?

Question 45

paternity

Answer 45

An action to establish paternity may be brought by: * Mother * Child * Any man who believes he is the father (putative father) If paternity is established, the court may award and order: * All costs associated with the birthing, including hospital and medical expenses * Child support * Attorney’s fees * child custody and time-sharing Can order genetic testing to determine paternity * Can be ordered by the court or requested by a party * The state must pay for an indigent party’s test * Results must be filed with the court at least 10 days prior to the hearing * 95% or greater statistical probability creates a presumption of paternity (1) Marital Presumption The husband is the presumed father of a child born to his wife May be rebutted with clear and convincing evidence If the marriage is void or annulled, the child is not a marital child A child born within 9 months of divorce or death of the husband is a marital child Irrebuttable presumption of paternity for aritificial insemination during marriage with written consent of both spouses If the reputed father marries the mother after the birth of the child, then the child is marital (2) estoppel A husband who is not the biological father may be estopped from denying his obligation to pay child support if: * He represented that he would pay child support; * The wife relied on that representation; and * The wife suffered economic damages as a result. (3) Statute of Limitations— 4 yrs from the child's age of majority (4) Written Acknowledgement of Paternity * Signed by both mother and father; and * Notarized or signed by two witnesses under penalty and perjury * 60 days to rescind the acknowledgemtn * After 60 days, the presumption of paternity can only be challenged by fraud, duress, or material mistake of fact. (5) Disestablishment of Paternity To petition the court, the man must provide: * An affidavit of newly discovered evidence that the man is not the father; * Scientific test results that he is not the father or an affidavit that he had no access to the child for such testing; and * Proof that he is current or substantially complied with his child support obligation and any arrears are due to inability to pay or just cause No retroactive recovery of child support already paid. Relief must be granted if: * Child is under 18 at the time of the petition; * Scientific testing is accurate; * The man did not adopt the child; * The child was not from artificial insemination during marriage between parents; and * The man did not thwart the biological father from asserting rights Relief may NOT be granted if the man: * Voluntarily acknowledged paternity in an attested document; * Married the mother and voluntarily assumed parental obligations; * Voluntarily promised to support the child; or * Disregarded an official notice for scientific testing (6) Personal Jurisdiction Over an Out-of-State Parent * Personal service; * Consent * Current residency with the child in the state; * Past residency in the state plus payment of prenatal expenses or support of the child; * Child resides in the state at the direction of the defendant; * Sexual intercourse in the state and the child is the result of that act; * Asserted parentage in a putative father registry; or * Any other basis consistent with the federal and state constitutions

Question 46

equitable distribution: interim (partial distribution)

Answer 46

Allowed for good cause Credited in the final allocation

Question 46

equitable distribution: final distribution

Answer 46

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 46

property division: attorneys fees

Answer 46

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 47

equitable distribution: collaborative law process

Answer 47

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 48

supportive relationship

Answer 48

How long is the cohabitation? Do they hold themselves out as a married couple? Is there joint contribution to property Do they both support the other’s children? Do they support each other financially or provide services?

Question 49

parenting plan and time sharing: third party visitation

Answer 49

Noncustodial parent’s visitation rights are incorporated into the time-sharing agreement (1) Grandparents May petition for visitation in limited circumstances: 1. both parents are dead, missing, or in a persistent vegetative state; or 2. One parent is dead, missing, or in a persistent vegetative state and the other has been convicted of a felony or violent that poses a substantial threat of harm to the child (2) Unwed Biological Father * Father must have demonstrated a commitment to parental responsibilities

Question 50

time sharing and parenting plan: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 50

Purpose: to prevent interstate jurisdictional disputes on child custody and visitation (1) Subject Matter Jurisdiction *Child’s Home State* Court has home state jurisdiction if: * The child has resided in the state for 6 months or since birth if the child is less than six months old; or * The state was the child’s home state in the past six months and one parent still lives in the state *Significant Connection Jurisdiction* * No other state has home state jurisdiction; * The child and at least one parent have significant connection with the state; and * substantial evidence concerning the child is in the state *Default Jurisdiction* No home state, no significant connection state, but this state has appropriate connections to the child *Temporary emergency Jurisdiction* Child is abandoned or there is a threat of abuse or mistreatment (2) Exclusive Continuing Jurisdiction Court with jurisdiction has exclusive continuing jurisdiction until: 1. The parties no longer reside in that state; or 2. The child no longer has a significant connection to the state (3) Inconvenient Forum Even if a court has jurisdiction, it can decline to exercise jurisdiction out of convenience. Factors in making this determination include: * The existence of domestic violence * The length of time the child has resided outside the state * The distance between the competing jurisdictions * Existence of an agreement between the parties on which the court would have jurisdiction * Nature and location of evidence relating to the child * Ability of the court to decide the issues expeditiously and efficiently * Familiarity of that court with the facts and issues involved in the matter * If a party has engaged in unjustifiable conduct, such as wrongfully removing a child from the state

Question 51

equitable distribution: interim (partial distribution)

Answer 51

Allowed for good cause Credited in the final allocation

Question 51

equitable distribution: final distribution

Answer 51

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 52

supportive relationship

Answer 52

How long is the cohabitation? Do they hold themselves out as a married couple? Is there joint contribution to property Do they both support the other’s children? Do they support each other financially or provide services?

Question 52

equitable distribution: collaborative law process

Answer 52

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 52

property division: attorneys fees

Answer 52

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 52

time sharing and parenting plan: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 52

Purpose: to prevent interstate jurisdictional disputes on child custody and visitation (1) Subject Matter Jurisdiction *Child’s Home State* Court has home state jurisdiction if: * The child has resided in the state for 6 months or since birth if the child is less than six months old; or * The state was the child’s home state in the past six months and one parent still lives in the state *Significant Connection Jurisdiction* * No other state has home state jurisdiction; * The child and at least one parent have significant connection with the state; and * substantial evidence concerning the child is in the state *Default Jurisdiction* No home state, no significant connection state, but this state has appropriate connections to the child *Temporary emergency Jurisdiction* Child is abandoned or there is a threat of abuse or mistreatment (2) Exclusive Continuing Jurisdiction Court with jurisdiction has exclusive continuing jurisdiction until: 1. The parties no longer reside in that state; or 2. The child no longer has a significant connection to the state (3) Inconvenient Forum Even if a court has jurisdiction, it can decline to exercise jurisdiction out of convenience. Factors in making this determination include: * The existence of domestic violence * The length of time the child has resided outside the state * The distance between the competing jurisdictions * Existence of an agreement between the parties on which the court would have jurisdiction * Nature and location of evidence relating to the child * Ability of the court to decide the issues expeditiously and efficiently * Familiarity of that court with the facts and issues involved in the matter * If a party has engaged in unjustifiable conduct, such as wrongfully removing a child from the state

Question 52

parenting plan and time sharing: third party visitation

Answer 52

Noncustodial parent’s visitation rights are incorporated into the time-sharing agreement (1) Grandparents May petition for visitation in limited circumstances: 1. both parents are dead, missing, or in a persistent vegetative state; or 2. One parent is dead, missing, or in a persistent vegetative state and the other has been convicted of a felony or violent that poses a substantial threat of harm to the child (2) Unwed Biological Father * Father must have demonstrated a commitment to parental responsibilities

Question 53

parental responsibility and time sharing: Parental Kidnapping Prevention Act (PKPA)

Answer 53

Applies to parental kidnapping and interstate custody and visitation cases Reinforces UCCJEA to establish which court has and retains jurisdiction, and when jurisdiction can be declined or terminated.

Question 54

equitable distribution: interim (partial distribution)

Answer 54

Allowed for good cause Credited in the final allocation

Question 55

property division: attorneys fees

Answer 55

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 56

supportive relationship

Answer 56

How long is the cohabitation? Do they hold themselves out as a married couple? Is there joint contribution to property Do they both support the other’s children? Do they support each other financially or provide services?

Question 57

parenting plan and time sharing: third party visitation

Answer 57

Noncustodial parent’s visitation rights are incorporated into the time-sharing agreement (1) Grandparents May petition for visitation in limited circumstances: 1. both parents are dead, missing, or in a persistent vegetative state; or 2. One parent is dead, missing, or in a persistent vegetative state and the other has been convicted of a felony or violent that poses a substantial threat of harm to the child (2) Unwed Biological Father * Father must have demonstrated a commitment to parental responsibilities

Question 58

equitable distribution: collaborative law process

Answer 58

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 58

equitable distribution: final distribution

Answer 58

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 58

time sharing and parenting plan: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 58

Purpose: to prevent interstate jurisdictional disputes on child custody and visitation (1) Subject Matter Jurisdiction *Child’s Home State* Court has home state jurisdiction if: * The child has resided in the state for 6 months or since birth if the child is less than six months old; or * The state was the child’s home state in the past six months and one parent still lives in the state *Significant Connection Jurisdiction* * No other state has home state jurisdiction; * The child and at least one parent have significant connection with the state; and * substantial evidence concerning the child is in the state *Default Jurisdiction* No home state, no significant connection state, but this state has appropriate connections to the child *Temporary emergency Jurisdiction* Child is abandoned or there is a threat of abuse or mistreatment (2) Exclusive Continuing Jurisdiction Court with jurisdiction has exclusive continuing jurisdiction until: 1. The parties no longer reside in that state; or 2. The child no longer has a significant connection to the state (3) Inconvenient Forum Even if a court has jurisdiction, it can decline to exercise jurisdiction out of convenience. Factors in making this determination include: * The existence of domestic violence * The length of time the child has resided outside the state * The distance between the competing jurisdictions * Existence of an agreement between the parties on which the court would have jurisdiction * Nature and location of evidence relating to the child * Ability of the court to decide the issues expeditiously and efficiently * Familiarity of that court with the facts and issues involved in the matter * If a party has engaged in unjustifiable conduct, such as wrongfully removing a child from the state

Question 59

parental responsibility and time sharing: Parental Kidnapping Prevention Act (PKPA)

Answer 59

Applies to parental kidnapping and interstate custody and visitation cases Reinforces UCCJEA to establish which court has and retains jurisdiction, and when jurisdiction can be declined or terminated.

Question 59

equitable distribution: interim (partial distribution)

Answer 59

Allowed for good cause Credited in the final allocation

Question 59

equitable distribution: final distribution

Answer 59

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 60

supportive relationship

Answer 60

How long is the cohabitation? Do they hold themselves out as a married couple? Is there joint contribution to property Do they both support the other’s children? Do they support each other financially or provide services?

Question 60

property division: attorneys fees

Answer 60

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 60

parenting plan and time sharing: third party visitation

Answer 60

Noncustodial parent’s visitation rights are incorporated into the time-sharing agreement (1) Grandparents May petition for visitation in limited circumstances: 1. both parents are dead, missing, or in a persistent vegetative state; or 2. One parent is dead, missing, or in a persistent vegetative state and the other has been convicted of a felony or violent that poses a substantial threat of harm to the child (2) Unwed Biological Father * Father must have demonstrated a commitment to parental responsibilities

Question 61

time sharing and parenting plan: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 61

Purpose: to prevent interstate jurisdictional disputes on child custody and visitation (1) Subject Matter Jurisdiction *Child’s Home State* Court has home state jurisdiction if: * The child has resided in the state for 6 months or since birth if the child is less than six months old; or * The state was the child’s home state in the past six months and one parent still lives in the state *Significant Connection Jurisdiction* * No other state has home state jurisdiction; * The child and at least one parent have significant connection with the state; and * substantial evidence concerning the child is in the state *Default Jurisdiction* No home state, no significant connection state, but this state has appropriate connections to the child *Temporary emergency Jurisdiction* Child is abandoned or there is a threat of abuse or mistreatment (2) Exclusive Continuing Jurisdiction Court with jurisdiction has exclusive continuing jurisdiction until: 1. The parties no longer reside in that state; or 2. The child no longer has a significant connection to the state (3) Inconvenient Forum Even if a court has jurisdiction, it can decline to exercise jurisdiction out of convenience. Factors in making this determination include: * The existence of domestic violence * The length of time the child has resided outside the state * The distance between the competing jurisdictions * Existence of an agreement between the parties on which the court would have jurisdiction * Nature and location of evidence relating to the child * Ability of the court to decide the issues expeditiously and efficiently * Familiarity of that court with the facts and issues involved in the matter * If a party has engaged in unjustifiable conduct, such as wrongfully removing a child from the state

Question 61

parental responsibility and time sharing: Parental Kidnapping Prevention Act (PKPA)

Answer 61

Applies to parental kidnapping and interstate custody and visitation cases Reinforces UCCJEA to establish which court has and retains jurisdiction, and when jurisdiction can be declined or terminated.

Question 62

equitable distribution: collaborative law process

Answer 62

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 62

equitable distribution: interim (partial distribution)

Answer 62

Allowed for good cause Credited in the final allocation

Question 63

equitable distribution: collaborative law process

Answer 63

Allows for a collaborative divorce in which the parties work together Gives parties more control and reduces attorney’s fees Usually share experts to reach a result

Question 63

supportive relationship

Answer 63

How long is the cohabitation? Do they hold themselves out as a married couple? Is there joint contribution to property Do they both support the other’s children? Do they support each other financially or provide services?

Question 63

property division: attorneys fees

Answer 63

Can be awarded to either spouse Factors * Funds available or the lack thereof * Duration of litigation * Scope and history of litigation * Harassment

Question 64

equitable distribution: final distribution

Answer 64

If contested, the court must issue factual findings supporting its decision based on substantial evidence Cash payment may be awarded The court cannot order a party to keep an ex spouse as a life insurance beneficiary, but the parties can agree to this. Court can issue credits and setoffs in the sale of the marital home; factors: * Use and possession of the marital home * Alimony * child support * Value to the party in possession * Loss of value and occupancy to the party out of possession * Tax consequences including mortgage interest deductions and capital gains * Any other factor Award of the marital home to one party after considering the best interests of any minor children and other equities; factors: * Age of children * Health of children * Special needs * School details

Question 65

parental responsibility and time sharing: Parental Kidnapping Prevention Act (PKPA)

Answer 65

Applies to parental kidnapping and interstate custody and visitation cases Reinforces UCCJEA to establish which court has and retains jurisdiction, and when jurisdiction can be declined or terminated.

Question 65

parenting plan and time sharing: third party visitation

Answer 65

Noncustodial parent’s visitation rights are incorporated into the time-sharing agreement (1) Grandparents May petition for visitation in limited circumstances: 1. both parents are dead, missing, or in a persistent vegetative state; or 2. One parent is dead, missing, or in a persistent vegetative state and the other has been convicted of a felony or violent that poses a substantial threat of harm to the child (2) Unwed Biological Father * Father must have demonstrated a commitment to parental responsibilities

Question 65

time sharing and parenting plan: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 65

Purpose: to prevent interstate jurisdictional disputes on child custody and visitation (1) Subject Matter Jurisdiction *Child’s Home State* Court has home state jurisdiction if: * The child has resided in the state for 6 months or since birth if the child is less than six months old; or * The state was the child’s home state in the past six months and one parent still lives in the state *Significant Connection Jurisdiction* * No other state has home state jurisdiction; * The child and at least one parent have significant connection with the state; and * substantial evidence concerning the child is in the state *Default Jurisdiction* No home state, no significant connection state, but this state has appropriate connections to the child *Temporary emergency Jurisdiction* Child is abandoned or there is a threat of abuse or mistreatment (2) Exclusive Continuing Jurisdiction Court with jurisdiction has exclusive continuing jurisdiction until: 1. The parties no longer reside in that state; or 2. The child no longer has a significant connection to the state (3) Inconvenient Forum Even if a court has jurisdiction, it can decline to exercise jurisdiction out of convenience. Factors in making this determination include: * The existence of domestic violence * The length of time the child has resided outside the state * The distance between the competing jurisdictions * Existence of an agreement between the parties on which the court would have jurisdiction * Nature and location of evidence relating to the child * Ability of the court to decide the issues expeditiously and efficiently * Familiarity of that court with the facts and issues involved in the matter * If a party has engaged in unjustifiable conduct, such as wrongfully removing a child from the state

Question 66

involuntary termination of parental rights

Answer 66

State initiates as part of the dependency case

Question 67

involuntary termination of parental rights

Answer 67

State initiates as part of the dependency case

Question 68

adoption

Answer 68

A statutory legal action terminating a parent-child relationship and creating a new parent-child relationship Florida allows adult adoption. Married and single persons can adopt. Step-parent adoption with consent of spouse who is the other parent sexual orientation is not a barrier for adopters All adoptions of minors require an adoption entity. * Cannot charge more than $5000 without court approval * Duties include written disclosure to parents and prospective parents, and consent from necessary parties (e.g., putative fathers)