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Family Law (Divorce (Child custody (determined by best interest of child…
Family Law
Divorce
Visitation
granted to noncustodial parent
third parties- best interest std.
Money issues
Maintenance-income stream for economic dependency
periodic
lump-sum
rehabilitative
reimbursement
Property division
Classify
separate
marital
value assets
divide property
equitable division of all property approach
equitable division of all marital property approach
community property approach
Child support
formula based approach- state guidlines
Child custody
legal- decision-making power
physical- where child resides
joint- can be joint of either/both
determined by best interest of child
wishes of parents & child
interaction & interrelationship
child's adjustment
mental & physical health of involved
Procedure
Jurisdiction:
-personal required for support & property rights
No-fault:
-marriage is irretrievably broken
Marriage
Establishing marriage
Procedural requirements
License
Solemnization (ceremony by official)
CL marriage
minority of states recognize
issue of state recognition
requirements
consent
cohabitation
holding out as H&W
legal capacity
Limitations
Age
Not closely related
Capacity
Fraud
Prior marriage still in force
Annulment- judgment declaring marriage invalid
Antenuptial agreements- contracts, prenuptial