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Family Law (Marriage (establishing a marriage (Limits on marriage (age,…
Family Law
Marriage
establishing a marriage
procedural req. of formal marriage
license
slemnization
common law marriage
consent
cohabitation
holding out as husband and wife
legal capacity
Limits on marriage
age
not closely related
capacity
fraud
prior marriage still in force
Annulment
voidable:
under age
impotence
temp. incapacity
mental incompetence
Void
bigamy
incest
Antenuptial agreements
SoF applies
contract
look to procedural fairness
informal relationships
common law
putative
unmarried
Parents and Children
establishing parenthood
maternity
usually straightforward
can req. adjudication
paternity
presumption of marital paternity
putative fathers
uniform parentage act
nonmarital children
termination of parental rights
emancipation
voluntary relinquishment
involuntary relinquishment
due process concerns
considerations
abandonment
abuse
neglect
adoption
jurisdiction
state specific, no UCCJEA
consent
bio parents must consent
unless rights were relinquished
or if they abandoned child
consequences of adoption
Divorce
Child custody
legal custody
joint legal custody
joint physical custody
best interest of the child
standard
wishes of parent/child
interactions and relationship with family
adjustment concerns
mental/phys health
always modifiable
issues w/ relocation
balancing test between impact on visitation vs. benefits of the move
Visitation
granted to the non-custodial parent
possible third party visitation
Money issues
child support
determined by state
modifiable
lost income issues
spousal maintenance
periodic
lump sum
rehabilitative
reimbursement
property division
classify
value assets
divide
community prop
equitable division of all prop
equitable division of all marital prop
specific property interests
marital residence
pensions
stock options
degrees/license
professional practice/goodwill
Procedure
no-fault vs. fault states