Please enable JavaScript.

Coggle requires JavaScript to display documents.

Family Law, Valid marriage unless annulled before ratified or spouse dies,…

- - - - Marital
        
        income, earnings
        
        vested/unvested pensions
        
        medical or property reimbursements
        
        value of the increase of separate property that occurred during the marriage as a result of active improvement vs passive (ex. market forces vs. flipping house)
        
        property acquired during marriage
        
        employment benefits
      - Non marital (Separate)
        
        property held before marriage
        
        gifts, inheritance received during marriage
        
        personal damages, pain and suffering damages
        
        property bought during the marriage with separate property or proceeds from sale of separate property
        
        income and appreciation of separate property not increased by ACTIVE marital efforts
      - Impugned
        
        when separate property is treated in such a way as to evidence that it is marital vs separate
      - Commingled
        
        when separate and marital property become so mixed you can no longer trace ownership (becomes marital)
    - - Equitable distribution of all property (marital and separate)
      - Equitable distribution of marital property
      - Community property
  - - - Legal
        
        major life decisions relating to care and raising of child (religion, education, medical care, etc.)
      - Custodial
        
        daily decision making (what kid is going to eat) and right to have kid in physical custody
    - - Factors
      - Modifiable?
        
        Yes if SUBSTANTIAL and MATERIAL changes affecting THE CHILD's best interests
      - Jurisdiction
        
        J for OG order
        
        state where the child has lived for at least consecutive months (temporary absences are okay) with a parent OR
        
        state was the child's home state within the past 6 months but child is currently absent from that state but parent or guardian still lives in that state
        
        if no "home state J" THEN
        
        state where child and at least one parent/guardian have significant connection to AND substantial evidence concerning the child is available therein
        
        J for modification
        
        Court w/OG J has exclusive continuing jurisdiction and no other court can assert J over the order UNLESS
        
        no child OR parent/guardian continues to reside in that state OR
        
        decided by new court seeking J
        
        child no longer has significant connections with the state and substantial evidence is no longer available therein
        
        decided by court w/OG J
  - - - Jurisdiction
        
        J for OG order
        
        wherever first petition was filed first UNLESS 2nd petition is filed in different J before time to answer the 1st has expired AND petitioner objected to J in the 1st petition AND it is the child's home state
        
        J for modification
        
        Court w/OG has exclusive and continuing J unless parties consent to new J or no one no longer resides
      - Factors
      - Modifable?
        
        Yes if SUBSTANTIAL and CONTINUING change of circumstances affects the needs of the child OR parents' ability to pay
    - - Types
        
        Rehabilitation (modifiable)
        
        Factors
        
        will it help spouse become financially independent?
        
        Duration
        
        limited period of time
        
        Reimbursement (not modifiable) like a K, cannot be destroyed
        
        Duration
        
        Temporary, fixed time
        
        Lump sum (not modifiable) like a K, cannot be destroyed
        
        Duration
        
        Periodic (modifiable)
        
        Factors
        
        length of marriage, if the spouse has no means of financially supporting themselves, whether the other spouse has the ability to pay, age of parties, emotional maturity, life style accustomed to
        
        Duration
        
        indefinite
  - - - if filed in 2 courts, which ever court renders decision first will render the other case moot and control
  - - - DEFENSES TO DIVORCE
        
        For no fault: Deny existence of 1 or more of the 3 things OR For fault: collusion (agreement to stimulate fault or waive defense), connivance (willing consent to spouse's misconduct, ex. swingers), condonation (forgiveness of the fault with full knowledge of the wrongs), recrimination (party asserting fault is also guilty of the fault)
- - - - Adoption
  - - - must prove extraordinary circumstances justify visitation AND in the best interest of the child BUT courts give special weight to a fit parent's decision on non parental visits
    - - court can limit visitation rights but rare to deny completely (usually if it would harm child) b/c constitutional right to reasonable visits
- - - - Consent
      - Cohabitation
      - Legal Capacity
      - Holding out as husband and wife
    - - Solemnization (ceremony preformed by an authorized official)
      - License
        
        Legal capacity
        
        limitations on marriage
        
        Age
        
        If between under 18 but older than 16 need parental consent
        
        if between 16 and 14 need court consent
        
        Must be older than 14
        
        Incest
        
        Mental capacity
        
        must be able to understand the nature of marriage contract
        
        Lack of consent or temporary incapacity
        
        intoxication
        
        duress
        
        Legally married to someone else (bigamy)
        
        Fraud
  - - - in writing and signed
        
        NO ORAL pre marital agreements
      - entered into voluntarily (w/o fraud, duress, or overreaching) ask did parties have opportunity to obtain legal counsel?
        
        Under UPPA, if court finds that K wasn't entered into voluntarily, court looks at whether there was a full and fair disclosure of the parties assets or proof that the party against whom enforcement is sought had independent knowledge of the assets
    - - Binding but court does not have to follow any agreements concerning children (custody or support)
- - - - Presumption that last in time marriage is valid (can be overcome)