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Details

Domestic Relations
Tennessee Bar Exam
8
Law
Professional
02/07/2016

Additional Law Flashcards

 


 

Cards

Term
Divorce

Grounds
Definition
Can be fault or no-fault.

No-fault: irreconcilable differences, or separation w/o cohabitation for 2 years (if no children).

Fault: bigamy, adultery, willful desertion (1year), felony conviction, cruelty, abandonment
Term
Divorce

Residency Requirements
Definition
6 months residency.

Waiting period - 60 days w/o children, 90 days w/ children. Begins when petition is filed.
Term
Divorce

Property Division
Definition
Equitably dividied regardless of the name on the title.

Factors considered:
* Length of marriage
* both spouses' age, health, skills
* financial needs of parties and financial resources
* value of each's separate property
* economic circumstances of spouses.
Term
Divorce

Alimony
Definition
Can get it. Longer marriages = longer, more stable alimony.

Can't get re-married or alimony stops. Sometimes if the person lives with a 3rd party it stops.

Transitional alimony is a thing as well.
Term
Divorce

Child Support
Definition
State Child Support Schedule is used based on parents combined monthly gross incomes and number of children.

Child support automatically deduced from wages
Term
Divorce

Child Custody
Definition
Best Interests of the child standard, but hopefully parents will agree.

Factors to consider:
* stability of parents' child's environment;
* child's relationship with the parents
* sometimes the child's preference.
Term
Divorce

Child Custody: relocating parent
Definition
parent who will relocate must provide notice of the intent to move. parents must agree to changes in visitation/custody or ask the court for modification.

If parents have equal time, the non-relocating parent may ask the court to prevent the child from moving, court does not presume in favor/against relocation - looks to best interests.
Term
Annulment

Grounds for granting
Definition
Illegality of marriage (incest/bigamy) or if the marriage was based on fraud or duress.

Also if a party was under age.

Alimony unavailable.
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