MEE Family Law Flashcards
Divorce Jurisdiction
To establish jurisdiction over a divorce action, one of the parties must be a bona-fide resident of the jurisdiction where the action is brought. State may set a minimum durational residency requirement before the action can be filed.
Property Division Jurisdiction
Generally, a court cannot determine out of state property rights or rights to support unless it has personal jurisdiction over both parties.
No Fault Divorce
Most state offer no fault divorces that provide for the dissolution of a marriage with regard to marital fault, upon a showing that the marriage is irretrievably broken and that the parities have been living serperate and apart for a specified period of time.
Property Division
As a general rule, courts have the authority to order an equitable distribution of all marital property no matter how it is titled. All assets acquired during marriage are deemed marital property unless acquired through gift, bequest, devise, or descent. If property is acquired before marriage , but paid for after marriage with marital funds, most courts will apportion the property between separate and marital interest in proportion to the contribution of separate and marital funds used to pay for the property.
Child Custody Modification Jurisdiction
Under the federal law, a state may not modify a custody order if one of the parities continues to reside in the issuing state and, under that state’s law, the court continues to have and does not decline jurisdiction,
Similarly, under the UCCJEA, which has been adopted by nearly every state, the court that made the initial custody determination has continuing , exclusive jurisdiction over the matter until the court determines that; neither the child nor the parents continue to reside in the state, or the child no longer has significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationship is no longer available in the state.
Child Custody Modification
To determine whether a court that has jurisdiction should modify its custody order the court looks at the best interests of the child In determining the best interests of the child the courts consider; the wishes of the parents; the wishes of the child if over the age of 12; the relationship of the child with each parent; the child’s adjustment to home, school, and community; and the mental and physical health of the parties involved.
Child Support Order Enforcement
Under the full faith and credit for child support order act, full faith and credit must be given to another court’s child support order if: the court had jurisdiction over the matter and the parties, and the parties had reasonable notice and an opportunity to be heard.
Modification of Child Support
Child support is modifiable based on a substantial change of circumstances.
Premarital Agreement
A valid premarital agreement must be in writing, voluntary, and have a full and fair disclosure of the party’s financial worth. Entry into the marriage acts as a valid form of consideration. Also the agreement must be seen as fair and reasonable with the determination of whether it is unconscionable being made at the time of formation.
Spousal Support
Spousal support seeks to ensure an adequate income stream for person whose economic dependency has resulted from the marital relationship. Prenup restricting this is valid as long as it would not leave the spouse dependent on the state
Awarding of Child Support
Parents have an equal duty to support their child that they cannot contract away. The award of support to one party for the benefit of the child is based on the monetary needs of the child and the parent’s ability to pay.
