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Family Law - Coggle Diagram

- - - - Consent
      - Cohabitation
      - Holding out as husband & wife
      - Legal capacity
    - - Full Faith & Credit Clause
        
        Other states must recognize a common law marriage established in another state even if the second state does not recognize common law marriages
  - - - Bigamy
      - Closely-related (incest)
    - - Under Age
      - Impotence
      - temporary incapacity
      - Mental incompetence
- - - - Wishes of the parents and child
      - Interaction and relationships of the child with parents, siblings, and others
      - Child's adjustment to home, school, and community
      - Mental and physical health of the individuals involved
    - - Decision-making power
    - - Where the child resides
  - - - Determined by state guidelines - can be modified
    - - Known as alimony
      - Types
        
        Periodic Maintenance
        
        Lump Sum Maintenance
        
        Rehabilitative Maintenance
        
        Reimbursement Maintenance
      - Amount based on:
        
        Financial resources of parties
        
        Contribution of each party to the 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.
      - Terminates when the spouse remarries or dies
    - - Steps:
        
        Classify
        
        Separate Property
        
        Owned before the marriage; property acquired after the dissolution; property acquired by gift or inheritance during the marriage
        
        Marital Property
        
        Earnings from both parties and appreciation of marital property. Property acquired after marriage is presumed to be marital property.
        
        Value
        
        Divide
        
        Approaches
        
        Community Property Approach
        
        Equitable division of all martial property
        
        equitable division of all property
        
        Considerations
        
        Age, education, & earning capabilities
        
        duration of marriage
        
        standard of living during marriage
        
        present income
        
        source of funds for acquistion of property
        
        health of parties
        
        assets, debt, & liabilities of parties
        
        parties' needs
        
        child custody
        
        contribution as a homemaker
- - - - abandonment
      - neglect
      - abuse
  - - - biological parents must consent to the adoption by the adopting parents
      - not required if the biological parents right have been terminated or they have abandoned the child