Please enable JavaScript.

Coggle requires JavaScript to display documents.

Family Law (Divorce (child custody (jx is governed by Uniform Child…

- - - - determined by state guideline and a formula that sets a presumptive amount
      - modification - based on a substantial change of circumstances
    - - for spouses who relied on the income of the marital relationship
        
        periodic maintenace
        
        lump sum maintenance
        
        rehabilitative maintenance
        
        reimbursement maintenance
      - factors considered include: std of living while married, duration of marriage, age and health of both parties, financial resources of both parties, individual contribution to the marriage, time needed to obtain education or employment to enable other party to find employment, ability of payor party to meet the other's needs.
        Maintenance ends with death or remarriage.
    - - courts will classify the property, value the assets, and divide the property. An order diving property is final and non-modifiable.
        
        separate property, mixed property, marital property
        
        community approach: all property during the marriage is deemed owned one-half by each spouse. Each keeps separate property and the remainder is divided.
        
        equitable division of all property approach: all property owned, marital or separate, is divided between each spouse
        
        considers age, education, and earning capacity; duration of marriage; std of living enjoyed during marriage; present income; source of funds for acquisition of property; health; assets, debt, and liabilities of parties; parties' needs; child custody; contribution as a
        
        equitable division of all marital property approach: keeps separate property including the one acquired before marriage
- - - - limited jxs recognized this type of marriage
      - Full Faith and Credit Clause
      - state of mind - present ability and intent
      - effect - full marital rights
    - - license
      - solemnization: ceremony by an authorized official
      - putative spouse: person enters in marriage under good faith believe that the marriage is valid but then finds out that the marriage is void or voidable.
        
        some states confer the same rights that a legal spouse would have, including inheritance, property rights, and right to maintenance.
        
        other states apply equitable remedies
        
        void marriage - no legal effect
        
        if one of the parties of a void marriage dies, the marriage validity cannot be attacked by any person.
        
        bigamy & closely related
        
        voidable marriage - vlalid unless anulment or ratification.
        
        under age, impotence, temporary incapacity, mental incompetence
- - - - rebuttable by DNA - Clear and convincing evidence standard.
  - - - consideres age, financial independence, and if the minor is married before age of minority
    - - DP concerns
        
        notice
        
        hearings
    - - abandonment
      - neglect
      - abuse