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Family Law (marriage (limitations (age- 14 = prohibited 16= parents…
Family Law
marriage
procedure- license, solemnization
common law marriage- minority of states, second state must recognize first state. Requirements- consent, cohabitation, holding out as husband and wife, legal capacity
limitations
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capacity- mental= understand nature of marriage contract, may NOT be intoxicated
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putative spouse- a spouse who has a ceremony but the marriage is otherwise void. some states give spouse the same rights as a real spouse, other states apply equitable remedies
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annulment- declaring the marriage invalid. bigamy/ closely related. voidable= under age, impotence, temporary incapacity, mental incompetence.
antenuptial agreements- contracts where the consideration is entering into marriage. Statute of frauds applies. States typically have different rules for how fair these contracts are.
parent and child
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additional- married after and asserts himself as father, and residing in the same household for two years.
nonmarital child- born to an unmarried woman, same rights as marital children
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aboption- bio parents must consent, governed by state laws.
Divorce
child custody
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relocation- balance impact of visitation vs benefit on moving spouse- if the move is vindictive, courts will deny.
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procedure
jurisdiction- does require personal jurisdiction, only in rem jurisdiction. (as long as one party is domiciled) personal jurisdiction is required for everything else.
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money issues
property
procedure- classify, value, and divide
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marital property- earning from both parties and appreciation of marital property. if acquired during marriage = presumption.
residence- source of funds rule, however, may be difficult if there is commingling
pensions- equitable distribution if acquired during marriage. before/ after marriage increase = separate property
child support-determined by state guidelines. presumptive amount that can be rebutted upon showing of need for variation. modified based on substantial change in circumstances. voluntary reduction in pay = no reduction in child support
maintenance- alimony
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reimbursement maintenance- if receiving spouse made contributions to other spouse's education/training