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Family Law - Coggle Diagram

- - - - Consent
      - Cohabitation
      - Holding out as Husband and Wife
      - Legal CApacity
- - - - The marriage must be irretrievably broken. Some states require fault, like adultery or desertion.
  - - - HOME STATE OF THE CHILD (for 6 consecutive months before the divorce)
      - Home state has jurisdiction to grant the order AND TO MODIFY IT
    - - Joint legal custody (shared decision making, but child lives with one parent)
      - Joint physical custody (child splits time with both parents and parents share decision making)
    - - the governing standard
        
        Wishes of the parents and child
        
        interaction and relationship of the child with parents, siblings, anf others
        
        Child's adjustment to school, home, and community
        
        Mental and physical health of ALL parties
      - CHANGES to the ORDER REQUIRE A SUBSTANTIAL AND MATERIAL CHANGE in circumstances
- - - - Periodic Maintenance: A certain amount of money paid at set intervals, unsually monthly. Obligation ENDS at the recipient's death, REMARRIAGE, or court-ordered modification.
      - Lump Sum Maintenence: Fixed amount of money, although may be paid in installments. The award is not modifiable.
      - Rehabilitative Maintenence
      - Reimbursement Maintenence: Awared if the recipient spouse made contributiosn in the marriage to the other spouse's education, training, or increased earning capacity.
  - - - Value the assets
        
        Separate the property
        
        Before the marriage, Inheritance or Gift, Property acquired after the divorce: SEPARATE
        Earnings from both parties DURING, appreciation of marital property: MARITAL PROPERTY
        
        COMMUNITY PROPERTY: All marital property is deemed 1/2 for each spouse. Each keeps separate property.
        
        Equitable division: All property owned, whether separate or marital, is going to be divided by the court.
        
        EQuitable division of all martial property: Exactly what the title says. Keep the separate, divide the marital.