Please enable JavaScript.

Coggle requires JavaScript to display documents.

Family Law (Marriage (Legal Effects (inter-spousal immunity, liability for…

- - - - license
      - solemnization (ceremony performed by an authorized official)
    - - Common law marriage
        recognized by a minority
        
        requirements
        
        cohabitation
        
        holding out as husband and wife
        
        legal capacity
        
        consent
        
        second state must recognize a valid marriage from another state
        basis: full faith and credit clause of US Constitution
        
        created full marital rights
      - Putative Spouse
        
        enters into a ceremonial marriage with good faith belief of its validity later to discover it is void or voidable
        
        may have equitable spousal inheritance rights, but rights of property division and support are same as annulment
      - Unmarried partners
        
        may have statutory, contractual (express or implied), or equitable rights that vary by state
    - - age
        
        parental consent under 18
        
        court approval under 16
        
        prohibited under 14
      - not closely-related
      - capacity
      - fraud
      - prior marriage still in force
  - - - marriage has no legal effect
    - - marriage is valid unless an aggrieved party obtains an annulment or ratifies the marriage
        
        validity cannot be attacked by a 3rd party
- - - - presumption of marital paternity
        
        rebutted by clear and convincing evidence
      - DNA evidence
      - putative fathers
        
        state statutes dictate time limits for unmarried father to establish paternity
      - Uniform Parentage Act
        
        parents married after child's birth and man voluntarily asserts paternity
        
        parents resided in same household for the first 2 years of child's life and man openly held child out to be his own
      - suits can be brought by mother, child, or state
        
        SOL = until child is 18
  - - - state statute
    - - consent not required when biological parent's rights have been terminated, they have abandoned the child (defined by statute)
- - - - physical = where child resides
      - legal = decision-making power
    - - best interest of the child
        
        wishes of child and parents
        
        child's preferences usually not considered until age 12
        
        interaction and interrelationship of the child with the parents, siblings, and others
        
        child's adjustment to home, school, and community
        
        mental and physical health of the individuals involved
    - - standard = substantial and material change in circumstances such that the child's best interests would be better served by change in custody
      - Relocation
        
        balancing test
        impact on visitation vs. benefits of move
  - - - depends on state
      - cannot be overridden by fit parents' wishes
  - - - equally divided among parents
      - presumptive amount based on parents'
        income, age of child, number of children
        
        can be rebutted with a showing that variation is in order
      - terminates on child's death or emancipation
      - can be modified
        "substantial change" standard
    - - types
        
        lump sum
        
        cannot be modified
        
        rehabilitative
        
        reimburesment
        
        periodic
      - amount factors
        
        standard of living established during marriage
        
        duration of marriage
        
        age and health of both parties
        
        financial resources of both parties
        
        contribution of each party during marriage
        
        time needed to obtain education or training to enable either party to find appropriate employment
        
        ability of payor spouse to meed needs while paying support
      - modification
        "substantial and continuing change in circumstances" standard
      - terminates on death or remarriage
    - - steps
        
        classify property
        
        types
        
        marital
        
        separate
        
        owned before marriage, acquired after dissolution,
        acquired by gift or inheritance during marriage
        
        mixed
        
        commingled
        
        transmuted separate
        
        improvements of separate
        
        property interests that arise
        
        professional licenses and degrees
        
        stock options
        
        pensions
        
        marital residence
        
        professional practice and goodwill
        
        enterprise goodwill
        
        personal goodwill
        
        value assets
        
        requires expert witness to appraise property
        
        divide property
        cannot be modified
        
        community property approach
        
        equitable division of all property approach
        
        equitable division of all marital property approach
  - - - in rem action = PJ not required
        DIVORCE ONLY
      - court has jx if one party is domiciled in that jx
      - Uniform Child Custody Jx and Enforcement Act
        CHILD CUSTODY AND VISITATION
        
        home state of child = state in which child lived with parent for at least 6mo before commencement of action
        
        home state maintains jx to grant and modify orders