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Family Law (Separation, Divorce, Dissolution, and Annulment (Maintenance…
Family Law
Separation, Divorce, Dissolution, and Annulment
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Division of property
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Divide
Equitable division of all property: everything on table for equitable division, no matter who owns it.
Equitable division of all marital property: equitable division of marital prop. each retains separate prop.
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Factors
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assets, debt, liabilities of parties
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Age, education, earning capacity
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marital residence, pensions (QDRO), stocks, cash, debts, vested interest in trust,
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Preliminary, interlocutory, and final orders
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Void vs. Voidable
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Voidable
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Temporary incapacity (intoxication, duress, fraud)
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Child Custody
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Modification
substantial and material change in circumstances such that best interests would be served by custody change.
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Visitation
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Very rare to not permit any contact. Even in cases of abuse - supervised visitation often granted. (GR 'in child's best interest to have maximum contact with both parents')
Fit parents hold veto power to 3rd parties who have legal right to petition - varies by state. Grandparents statutes... however parent's may not have right to have decision respected under Uniform Parentage Act - CT may give rights to third party...
Procedural Issues
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Jx to decide Custody: UCCJEA: state in which child lived with a parent for at least 6 consecutive months prior to commencement of proceeding (if over 6 mo old). Home state maintains jx for modifying custody even after child moves.
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Legal: religion, travel, education, major medical
Getting Married
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premarital contracts
enforceable unless unconscionable, nondisclosure of financials, no opportunity for representation, fraud, duress etc.
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MEE OUTLINE
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$: Child Support, Maintenance, Property Division
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Alternatives to adoption
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In vitro fertilization, gestational surrogacy, and embryo transplantation
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Being Married
Family Privacy
Constitutional privacy: right to care, custody & control of kids - Troxel v. Granville
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