Term
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Definition
Written contract between persons who are about to marry. Prenuptial or ante-nuptial agreement.
-defines the terms of the parties' rights and obligations regarding property and establishing or eliminating alimony. |
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Term
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Definition
body of law that defines the relationship, rights and duties in the formation, existence and dissolution of marriage and other family units
-we don't consider it a legal issue until there is a dispute betwee family members or involving family members. |
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Term
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Definition
| the legal union of a man and a woman as husband and wife, which can be dissolved only by marriage or divorce. |
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Term
| Breach of Promise to Marry |
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Definition
-Based on the theory that an agreement to marry is a binding contract between two persons.
CONTRACT; Offer, acceptance, consideration-Mutual promise to marry is the consideration, not sex or money |
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Term
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Definition
| allegation that one person has breached the contract and caused the other to have a broken heart. |
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Term
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Definition
Abolishes heart balm actions
-Fraud actions in lieu of heart balm action:
Must prove that the person;
1. knowingly made a false statement of a present fact
2. with the intention that the other person rely on that statement
3. that person reasonable relies on the statement and
4. is harmed in some way, usually financially. |
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Term
| Full Faith and Credit Clause |
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Definition
| States are to give full faith and credit to public acts, records and judicial prodeedings from other states |
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Term
| Defense of Marriage Act (DOMA) |
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Definition
| Federal Stature that says that the states do not have to recognize same sex marriage and/or civil unions of partnerships entered in another state. |
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Term
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Definition
| Equal Protection Argument unther the 14th Amendment has not prevailed. |
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Term
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Definition
-Man and Woman live together and they hold themselves out as "husband and wife" in public
-Alabama, CO, GA (before 97), Idaho (before 96), iowa, Kansas, Montana,
NH (for inheritance purposes only), OH (before (91), OK (before 98), OK laws and court decisions may be in conflict about wether common law marriages formed in that state after 11/1/98 will be recognized. PA (before 05), RI, SC, TX, UT, DC |
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Term
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Definition
-No reqiurement of proof that either spouse comminted any wrongful marital act - Common no fault grounds for divorce 1. living apart - some states require proof of this such as sep. agreement but just rely on couples word. Some states require that the spouses intend to live apart
2. Incompatibility-the spouses do not get along at all and it is impossible for the to live together as if in a normal marriage.
3.Irreconcilable differences: the relationship is so bad that the spouses cannot fix the marriage and stay together. |
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Term
| NC No Fault Divorce/Absolute Divorce |
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Definition
| -ONe year seperation elements:1. parties were in valid marriage 2.The parties have been living seperately and apart for at least one year; 3 with the intent to remain seperate and apart 4. one or both of the parties is a resident or citizen of NC |
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Term
| Divorce by showing an incurable insanity |
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Definition
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Term
| NC Divorce from Bed and Board |
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Definition
-Considered a legal seperation-Used most often by spouse to get other spouse out of the marital home.
-Marriage is still in tact until the end of seperation period
-Usually brought along with other grounds ex post seperation support, alimony, child custody, and support
-PLAINTIFF must SHOW FAULT grounds such as abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery
-spouse bringing claim must show that he/she did not provoke the fault. |
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Term
| Defenses to Divorce of Bed and Board |
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Definition
1. Collusion - spouses get together and deceive the court just to geth the divorce from B B
2. Connivance - the spouse who brought action caused the allege fault of the other spouse or encouraged the act in some way
3 Condonation - the spouse who brought action forgave the alleged fault of the other spouse
4. Recrimination - the spouse who brought the action has committed some fault as well. |
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Term
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Definition
1. Venue- The proper place of the proceeding: county, district or state--NC the most proper venue is the county where plaintiff or defendant has lived for atleast 6 months
2. Subject matter jurisdication-State Court has subject matter jurisdiction, not federal court -- specialized family courts
3. Personal jurisdication- court must have person jurisdiction over defendant to enforce an order for alimony, equitable distribution or child support --court does not need personal jurisdiction over defendant in simple divorce action as long as the plaintiff is domiciled in the state. |
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Term
| Plaintiff must show that personal jusrisdiction is proper in one of the following ways: |
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Definition
1. Personal service when defendant is in state - proper whether defendant lives in state or not.
2. Consent by defendant to the court's jurisdiction by appearing in court and defending entire case -- not subjected to personal jurisdiction if only defending jurisdiction
3. Substituted service-ie service by publication on defendant who lives in state --long arm statute: used for out of state defendant who has minimum contacs and it is reasonable to require him/her to appear and be subjected to personal jurisdiction. |
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Term
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Definition
1-Complaint Filing _Elements of a complaint: Nature of actions, courts jurisdiction, grounds, prayer for relief ie absolute divorce, equitable distribution, alimony, child custody, child support---PROPER service of Complaint and summons
+Answer by Defendant - 30 days to file answer and must be served on Plaintiff ++Defendant can counterclaim in answer.
**Trial-jury or by judge, preponderance of Evidence standard, rules of evidence and civil procedure apply, marital privilege does not apply. |
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Term
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Definition
Used when there is a contested divorce
1. Interrogatories- +can only be served on party in case +limited to 50 in NC and are made under other
2. Deposition +can be taken of any witness in case +made under oath with a court reporter +Subpoena issued to person who you seep to depose
3.Request for Admission +can only be served on Party in Case + limited to 50 in NC and are made under oath
4. Request for Production of Documents +request of any witness in case
5. Mental or Physical Examination +can only be for party in case |
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Term
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Definition
-Final order is kept on file in the clerk's office where proceeding took place
-Notice and filing is made with State Vital Records office
-Enforcement of Order + Civil contempt+ Motion to show cause and motion for Contempt + Execution (sheriff can seize property, sell it or turn it over to person owed) +Garnishment (Wages can be garnished to satisfy judgement of money owed) +attachment of property |
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