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FAMILY LAW - Coggle Diagram

- - - - wishes of the parents and child
      - interaction and interrelationship of the child with parents, siblings, others
      - child's adjustment to home, school, and community
      - the mental and physical health of the individuals involved
  - - - state guidelines
    - - periodic
      - lump sum
      - rehabilitative
      - reimbursement
      - factors
        
        standard of living established during marriage
        
        duration of marriage
        
        age/health of parties
        
        financial resources both parties
        
        contribution of each party to marriage
        
        time needed to obtain education/training to enable either party to find appropriate enjoyment
        
        ability of payor spouse to meet her needs while paying support
    - - value assets
      - divide the property
      - classify the property
        
        separate
        
        marital
        
        mixed
        
        transmuted
      - specific property interests that arise
        
        marital residence
        
        pensions
        
        qualified domestic relations order
        
        stock options
        
        professional degrees and licenses
        
        professional practice and goodwill
        
        enterprise goodwill
        
        personal goodwill
      - approaches
        
        community property approach
        
        equitable division of all property
        
        factors
        
        age, education, and earning capactiy
        
        duration of marriage
        
        standard of living during marriage
        
        present income
        
        source of funds for acquisition of property
        
        health
        
        assets, debts, and liabilities of parties
        
        parties needs
        
        child custody
        
        contribution as homemaker
        
        evidence of dissipation
        
        equitable division of all marital property
  - - - child support
      - maintenance
      - property division
- - - - 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 authorized individual)
    - - only minority states recognize
      - issue still relevant for recognition by another state
        
        second state must recognize a valid marriage from another state
        
        basis: full faith and credit clause of the constitution
      - requirements (state specific)
        
        consent
        
        cohabitation
        
        holding out as husband and wife
        
        legl capacity
    - - age: parental consent required if under 18; state may require court approval if under 16 and prohibit marriage under14
      - cannot be closely related
      - capacity
        
        mental capacity: must understand the nature of the marriage contract
        
        lack of consent: intoxication
      - fraud
      - prior marriage still in force
  - - - bigamy
      - closely related (incest)
    - - under age
      - impotence
      - temporary incapacity
        
        intoxication
        
        duress
        
        fraud
  - - - basic contract formation
      - procedural fairness
        
        was execution under fraud or duress?
        
        full financial disclosure?
      - substantively fair terms