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Family Law (Marriage (Void and Voidable marriages (Under age: voidable,…

- - - - Issue still relevant for recognition by another state
      - second state must recognize a valid marriage from another state
      - Only a minority of states recognize
      - basis - Full faith and credit clause of the constitution
      - Requirements - state specific:
        
        consent
        
        cohabitation
        
        holding out as husband and wife
        
        legal capacity
    - - not closely-related
      - Capacity
        
        mental capacity: must understand the nature of the marriage contract
      - Age: parental consent required if under 18. State may require court approval if under 16 and prohibit marriage under 14
      - lack of consent: intoxication
      - fraud
      - prior marriage still in force
    - - license
      - solemnization: ceremony performed by an authorized official
- - - - Lump sum maintenance: fixed amount of money, although may be paid in installments. Not modifiable
      - Rehabilitative maintenance: awarded for a limited period of time to support the recipient in receiving education or training to be employable and self-supporting
      - Periodic maintenance: a certain amount of money paid at set intervals, usually monthly. Obligations ends at the recipient's death, remarrieage, or a court-ordered modification
      - Reimbursement maintenance: awarded if the recipient spouse made contributions in the marriage to the other spouse's education, training, or increased earning capacity
      - Factors For maintenance
        
        duration of marriage
        
        age and health of parties
        
        standard of living during marriage
        
        financial resources of parties
        
        contribution of each to marriage
        
        time needed to obtain education or training to enable either party to find appropriate employment
        
        ability of payor spouse to meet her needs while paying support
    - - Marital property: after marriage property
      - Separate: before marraige property
      - Source of funds rule is used to apportion the value of the property between separate and marital efforts and funds
      - states approaches
        
        equitable division of all property approach: all property owned, whether martial or separate, is divided between each spouse
        
        Equitable division of all marital property approach: spouses keep separate property that includes property owned prior to the marriage, gifts, or inheritance and the remainder is divided.
        
        community property approach: all property acquired during marriage is deemed owned one-half by each spouse. Each keeps separate property and the remainder is divided
    - - Meant to find an approximate. Can be rebutted with a showing that a variation is in order
      - Terminates upon child's death or emancipation (typically 18)
  - - - Wishes of the parent and the child
      - interaction and interrelationshiop of the child with parents, siblings, and others
      - Child's adjustment to home, school, and community
      - The mental and physical health of the individuals involved
    - - Relocation is often the hardest issue to deal with in this scenario
  - - - Jurisdiction of child custody and visitation is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)