Term
| Requirements for enforceable premarital contract under UPAA |
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Definition
| 1) voluntary agreement; 2) in writing and signed by the party to be charged; 3) full and fair disclosure of both parties' financial worth; 4) economic provisions are fair and reasonable |
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Term
| No-Fault Divorce: requires showing that: |
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Definition
| 1) the marriage is irretreivably broken; and/or 2) the parties have been living apart for a specified time. Only defense is to deny the existence of these grounds |
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Term
| Fault Grounds for Divorce: usual grounds are: |
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Definition
| adultery; willful desertion for a specified time; extreme physical or mental cruelty; voluntary drug addiction or habitual drunkenness; a spouse's mental illness |
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Term
| Defenses to fault grounds for divorce: |
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Definition
| collusion, connivance, condonation, recrimination |
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Term
| Full Faith and credit of Divorce Decrees |
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Definition
| As long as one of the parties was domiciled in that state that granted the divorce, the decree is recognized as valid in all other states. Provisions relating to property rights, spousal support, child support, etc are given full faith and credit only if the court had personal jxn over the Def. |
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Term
| 3 Property Division Approaches: |
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Definition
| 1) Community property; 2) equitable division of all property (regardless of when owned); 3) equitable division of marital property (most common). PROPERTY DISTRIBUTION DECREES ARE NOT MODIFIABLE |
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Term
| Marital Property includes: |
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Definition
| pensions, stock options, damage awards in tort suits accruing between the date of marriage and final separation. Professional licenses and degrees are not distributable property, but can be compensated for via alimony consideration |
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Term
| Mixed Property: separate property may become marital property if: |
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Definition
| 1) inextricably mingled to marital property or untraceable; or 2) separate property treated in a way that evidences intention for it to become marital property, via improvments from marital funds. Non-owning spouse is reimbursed. |
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Term
| 4 Types of Spousal Support |
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Definition
| 1) Permanent Periodic (prospectively modifiable upon substantial change in circumstances); 2) Rehabilitative (prospectively modifiable" "); 3) Lump Sum; 4) reimbursement (fixed sum in sum of spouse's contribution to other spouse's professional degree) |
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Term
| Modifying a spousal or child support order: When and How |
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Definition
| Follow a substantial change of circumstances. The issuing court has continuing jxn to modify the order. The role of another state's court is only to enforce, unless: 1) the parties no longer reside in the issuing state, or 2) the parties consent in a record to the nonissuing court's assertion of jxn to modify the order |
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Term
| Home State Jxn test for child custody orders |
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Definition
| A court has jxn to enter or modify a child custody or visitation order if the state: 1) is the child's home state, or 2) was the child's home state within the past 6 months and the child is absent from the state, but a parent continues to live in the state. A state is a home state if the child lived there for 6 consecutive months immediately before the proceeding. |
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Term
| When does Home State Test not apply? |
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Definition
| If no other state has or accepts home state jxn and: 1) the child and at least 1 parent have a significant connection with the state, and 2) substantial evidence concerning the child is available in that state |
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Term
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Definition
| the court that made the initial child custody determination has exclusive continuing jxn until the court determines that: 1) neither the child or parents continue to live in the state; OR 2) the child no longer has a significant connection with that state and substantial evidence relating to the matter is no longer available in the state. |
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Term
| Child custody: "best interests of the child" factors |
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Definition
| the wishes of the child and the parents; the child's relationship with the parents, siblings, and others; the child's adjustment to home, school, and community; the physical and mental health of the individuals involved. |
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Term
| Joint custody: factors considered by court in determining whether it is appropriate: |
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Definition
| fitness of both parents; agreement between parents; parent's ability to communicate re child's well being; child's preference; level of involvement in child's life; geographical proximity of homes; similarity of homes; effect on child's psychological development; physical ability to carry out joint order |
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Term
| Common Law marriage: (mostly abolished) but requires: |
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Definition
| 1) an exchange of consents between two people with capacity; 2) cohabitation; and 3) a holding out publicly of living together as husband and wife |
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