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Family Law - Coggle Diagram

- - - - Age of majority set by statute
      - Financial independence and maturity are considerations
      - Minor who marries before the age of majority
    - - Due Process concerns
        
        Notice
        
        Hearing
      - Considerations
        
        Abandonment
        
        Neglect
        
        Abuse
- - - - License
      - Solemnization: ceremony performed by an authorized official
    - - only a minority of states recognize
      - issue still relevant for recognition by another state
        
        Second State must recognize a valid marriage from another state
        
        Basis: Full Faith & Credit Clause of the Constitution
      - Requirements: State specific
        
        Consent
        
        Cohabitation
        
        Holding out as husband and wife
        
        Legal Capacity
    - - Age: parental consent required if under 18. State may require court approval if under 16 and prohibit marriage under 14
      - Not closely related
      - Capacity
        
        Mental capacity: must understand the nature of the marriage contract
        
        Lack of consent: intoxication
      - Fraud
      - Prior Marriage still in force
- - - - 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
    - - wishes of the parents and child
      - interaction and interrelationship 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
      - The standard is a substantial and material change in circumstances such that the child's best interests would be better served by a change in custody
  - - - award determined by state guidelines
    - - formerly called alimony, awarded to ensure adequate income stream for spouses whose economic dependency has resulted from the marital relationship
    - - 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
      - Community property approach
      - 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