Getting Married & Termination Of Marriage Flashcards
Marriage- a civil contract plus
Marriage can only be terminated by the state, meaning parties need a judicial adjudication to terminate a marriage.
The government has a state interest in the institution of marriage and can constitutionally impose some regulations on it.
There is no need for consideration- there is a mutual exchange of love and affection
Same sex marriage
Same-sex marriages are valid mall states and all states must recognize same-sex marriages from other states
What are the 2 types of marriages recognized in FL?
Ceremony marriages and common law marriages
Ceremonial marriage requirements
Consent - no fraud, misrepresentation, or duress
Capacity - mental (understanding nature of the act), age (18 or 16 w/ consent),
Consanguinity - no fun/half blood relatives (except 1st cousins)
Compliance w/ formalities - license (age, 3 day waiting period), solemnization by judge/official/clergy
Common Law marriage
Consent - no fraud, misrepresentation, or duress
Capacity - mental (understanding nature of the act), age (18 or 16 w/ consent),
Conduct & cohabitation - parties present as married spouses, C&C evidence, cohabitation and other unities Lex: joint finances, tax returns, rings, family/neighbors POV)
What are 3 ways marriage is terminated?
Death, annulment, and divorce
Annulment - what is it? Defenses? Alimony? Property?
An annulment voids a marriage as if it never happened
FL is unclear on property division in annulments - must courts try to put parties back in position they were In before the marriage.
Alimony is not available after annulment (except pendent lite: available during pendency of the annulment)
Defenses: recrimination, condonation, latches, ratification
Void vs. Voidable marriages
Void: Anyone can attack a void marriage - grounds include: 1) prior existing marriage, 2) mental incapacity, 3) incestuous marriage
Voidable: only the parties can attack a voidable marriage-grounds include: 1) age, 2) impotence unknown, 3) intoxication, 4) fraud/misrep/duress/coercion, 5) lack of intent (sham)
Divorce - grounds, defense, jx, pjx
FL is a no- fault state so parties may simply claim incapacity (3 yrs plus) or that the marriage is irretrievably broken
The only defense is to deny the grounds
Courts have SMJ so long as at least one spouse has been an fu resident for at least 6 months
Courts have PJ based an minimum contacts, physical presence, property in state, or consent. If the cart lacks pj over a party ex party is an option resaving the status issue and leaving other issues (property, alimony, child support/custody, fees) to be adjudicated by proper court.
Simplified dissolution procedure - county court
Simplified procedure allows divorce w/no need for attorneys. The parties must file financial affidavits/disclosures and a settlement agreement. This waves trial and appeal.
Requirements: 1) no minor kids or pending pregnancy, and 2) amicable division of assets and debts
