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Themis: Family Law > Marriage > Flashcards

Marriage Flashcards

1
Q

What is marriage?

A

a civil contract
both parties have capacity to consent
exchange of consideration in form of promises

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2
Q

Types of Marriages

A

Ceremonial & Common Law

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3
Q

Termination of Marriage contract

A

only be terminated or modified with state intervention

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4
Q

Ceremonial Marriage

A

License & Solemnization

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5
Q

Licensing

A
  • Age requirement(18) or parental consent
  • waiting period between license & ceremony
  • Premarital medical testing (results can’t be condition for issuance)
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6
Q

When will a license not be issued?

A

party is already married, parties are related, marriage is a sham, parties are incapable of understanding because of fraud or duress.

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7
Q

Solemnization Requirement

A

2 witnesses, officiant, marriage license filed with appropriate government office, proxy may be applicable if person unable to be present (incarceration or military).

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8
Q

Common Law Marriage Requirements

A

Capacity to Marry, consent, cohabitation, conduct (hold themselves out as married)
- no license or solemnization is required
- no minimum time period to establish CL Marriage

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9
Q

Recognition of Common Law Marriage

A

Even if state does not follow Common Law, they will recognize a marriage in another stats under the Full Faith & Credit Clause

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10
Q

Heartblams Actions

A

Historically, civil tort actions from money damages based on broken engagement or cheating. No longer recognized.

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11
Q

Three ways to End a Marriage

A

Annulment, Divorce, Death

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12
Q

Annulment

A

Judicial decree that voids marriage

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13
Q

Void marriages (annulment)

A

any party may seek & does not require judicial decree
Reasons:
- prior marriage
- incest
-mental incapacity

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14
Q

Voidable Marriages

A

A party to the marriage may seek & requires judicial decree
Reasons:
-age (under 18)
- impotency UNLESS knew about prior to marriage
- intoxication UNLESS cohabitate after marriage & ratify
- Fraud, misrepresentation, duress, etc.
- Lack of intent UNLESS been consummated

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15
Q

Defenses to Annulment

A

deny the impediment
may still pursue a divorce

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16
Q

Putative Marriage

A

Equitable Remedy applies to protect a party who believes their marriage is valid

17
Q

Divorice Residency Requirements

A

At least one party must be a resident of the state

18
Q

No Fault Grounds

A

irretrievably broken
- May need to live in a state of separation
- one spouse desire to reconcile will not prevent the divorce

19
Q

Fault Based Grounds

A

Adultery, Bigamy, Cruelty, Desertion, Habitat Drunkenness, Imprisonment, Indignity, Institutionalization

20
Q

Adultery

A

Sexual intercourse with someone other than their spouse
- charging spouse has the show the opportunity & inclination
- can use circumstantial evidence

21
Q

Cruelty or Inhumane Treatment

A

Requires more than one time
- physical harm (only a few JD allow for mental or emotional abuse)

22
Q

Desertion

A

Spouse leaves without cause or conduct from other spouse

23
Q

Habitual Intoxication

A

Alcoholism isn’t a requirement
- freq. impairment causes issues in the marriage

24
Q

Recrimination & Clean Hands

A

both spouses compete a marital wrongful act of like conduct
Unclean Hands: a common defense to an at-fault divorce when the P’s own behavior is in question

25
Q

Connivance

A

spouse gives consent to participate in marital wrong

26
Q

Condonation

A

forgives for wrongful act, must have knowledge and resume marital relations after finding out

27
Q

When will a marriage license not be issued?

A

related, bigamy, sham, incapacity

28
Q

Evidence Intent for Common Law Marrriage

A

Words in the present tense
cohabitation (this alone is insufficient alone) or reputation evidnece,

29
Q

Can you modify equitable distribution

A

No, changes in the parties circumstances after divorce are not considered after award has been entered.

30
Q

Separation Agreements at Divorce

A

merged into final judgement for divorce as long as they ar full and fair

31
Q

Upholding a Separation Agreement

A

unconscionable if the agreement was made under unfair terms for one party

32
Q

Premarital agreement choice of law

A

signficant relationship test: the law of the state that has the most significant relationship to agreement or marriage

Themis: Family Law (6 decks)

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