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Family Law - Coggle Diagram
Family Law
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Marriage
Establishing Marriage
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Limitations on marriage
Age: parental consent required if under 18. State may require court approval if under 16 and prohibit marriage under 14
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Annulment
If the validity of a marriage is in doubt in any context from probate to divorce, a party may seek judgment declaring the marriage invalid
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Divorce
Child Custody
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Joint custody
Joint Legal Custody
parents share decision making, but child resides with one parent
Joint physical custody
parents share decision making and child divides time between each parent's home, although does not need to be equal time
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Money Issues
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Maintenance
formerly called alimony, awarded to ensure adequate income stream for spouses whose economic dependency has resulted from the marital relationship
Property Division
Marital property: earnings from both parties and appreciation of marital property. Property acquired after the marriage is presumed to be marital property
Separate Property: all property owned before the marriage, property acquired after the dissolution, and property acquired by gift or inheritance during the marriage
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Equitable division of all property approach: all property owned, whether marital 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