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Family Law (DIVORCE (Division of Property (Steps: Classify (individual or…
Family Law
DIVORCE
Division of Property
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Divide Property: Community Property, Equitable Division of ALL Property, Equitable Division of MARITAL Property
Money Support Models: periodic, lump-sum, rehabilitative, reimbursement
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Child Custody
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Visitation: Granted to non-custodial parent; if third parties, then use best interests of the child standard to evaluate
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PARENTS & CHILDREN
Establishing Parenthood
Presumption of Paternity (but rebuttable by clear & convincing evidence, DNA allowed in many states)
Putative Fathers: Some states have time limits, but resolve issue without long period of disruption
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Adoption
Need: Jurisdiction,
consent,
consequences
MARRIAGE
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Establishing a Marriage
Common Law
Minority of States recognize CL marriage,
hard to get states to recognize if its legal
Requirements: Consent, cohabitation,
hold out each other as man and wife,
legal capacity to create a marriage
Limitations on Marriage
Age, not closely related, capacity,
fraud, prior marriage in force
Procedure Requires: License, Solemnization