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Family Law (Marriage (Establishing a Marriage (Limitations on Marriage…

- - - - License
      - Solemnization: ceremony by authorized official
    - - Only minority of states
      - Recognition by other states ?
      - Requirements are state specific
        
        Consent
        
        cohabitation
        
        holding out as husband/wife
        
        Legal capacity
    - - Age
        
        parental consent under 18
      - Not closely related
      - Capacity
      - Fraud
      - prior marriage still in force
  - - - no legal effect
      - Reasons
        
        Bigamy
        
        Closely-related
        
        Under age
        
        Impotence
        
        Temporary incapacity (intoxication, duress, fraud)
        
        Mental Incompetence
  - - - consideration is entry into marriage
      - statute of frauds applies
      - state-specific
- - - - presumption of marital parent
      - putative father
        
        alleged father when child has presumed father
        
        state stautes
        
        time limits
        
        Uniform Parentage Act
        
        marriage after birth
        
        same household
  - - - Age of majority set by statute
      - financial independence
      - minor who marries before age of majority
    - - Due Process Concerns
        
        Hearing
        
        Notice
      - Considerations
        
        Abandonment
        
        Neglect
        
        Abuse
  - - - biological parents must consent
        
        not required if right terminated/abandoned
      - father entitled to DP
- - - - factors
        
        interaction and interrelationship of child w/ parents, siblings, and others
        
        wishes of parents and child
        
        adjustments to home, school, community
        
        mental and physical heath of individuals involved
        
        child preference if older than 12
    - - substantial and material change in circumstances where child's best interest served differently
    - - parents live different places
      - balancing test
      - lenient to needs of parent w/ whom child lives
  - - - unless detrimental to best interest of child
    - - grandparents
      - varies by state
      - special weight when parents are fit
        
        not overriden by third party desires
  - - - determined by state guidelines
        
        factors
        
        parents' income
        
        age of child
        
        number of children
      - presumption amount
        
        rebuttable
      - modifiable based on circumstance change
      - parent that loses income
    - - formerly alimony
      - ensures adequate income stream for spouse w/ economic dependency
      - different types
        
        periodic maintenance
        
        lump sum maintenance
        
        rehabilitative maintenance
        
        reimbursement maintenance
      - amount based on
        
        standard of living established during marriage
        
        duration of marriage
        
        age and health of both parties
        
        financial resources of both parites
        
        contribution of each party to the marriage
        
        time needed to obtain education or training
        
        ability of payor spouse to meet her needs while paying support
      - terminates on spouse's death/remarriage
    - - three steps
        
        classify property
        
        separate property
        
        before
        
        after
        
        gift or inheritance
        
        marital property
        
        mixed property
        
        commingled
        
        separate prop. inextricably mingled
        
        transmuted
        
        separate prop. treated as marital property
        
        improvement of separate property
        
        w/ marital funds
        
        value assets
        
        three approaches
        
        Community property approach
        
        separate is separate, divide remainder
        
        Equitable division of all property
        
        all property owned jointly, divided equally
        
        Equitable division of all marital property approach
        
        spouse keeps separate property (including separate property during marriage -gifts.inheritance) , remainder divided
        
        divide property
        
        Factors
        
        Age, education, earning capacity
        
        Duration of marriage
        
        standard of living during marriage
        
        present income
        
        source of funds for acquisition of prop.
        
        health
        
        assets, debts, and liabilities
        
        parties' needs
        
        child custody
        
        contribution as homemaker
        
        evidence of dissipation
        
        final
        
        no modification
      - Specific property interests
        
        Marital Residence
        
        Pensions
        
        Stock options
        
        Professional Degrees and Licenses
        
        Professional practice and goodwill
  - - - irretrievably broken
    - - adultery/dessertion
    - - one party domiciled
      - in rem