Term
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Definition
| * Declaration that valid marriage is DISSOLVED |
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Term
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Definition
1) Parties (℗) have VALID marriage
2) One/Both resident for >6mo
3) separated >1yr
4)w/intent to remain SEPARATE & APART |
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Term
| 4 NO FAULT grounds for Divorce |
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Definition
1) Living Apart
2) Irreconcilable Differences
3) Irretrievable Breakdown
4) Incompatibility |
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Term
| 4 FAULT grounds for Divorce |
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Definition
1) Adultery
2) Cruelty
3) Abandonment
4) Turning out of doors |
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Term
| 5 things Divorce Decree Accomplishes |
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Definition
1) Dissolve Marriage
2) Award Spousal Support
3) Divide marital property
4) Award Custody
5) Award child support |
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Term
| 5 Discovery Devices in Divorce |
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Definition
1) Interrogatories
2) Deposition
3) Request for Admissions
4) Request for production of Documents
5) Physical & Mental Exam |
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Term
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Definition
* REQ proof of premarital counseling
* promse to seek counseling as needed during marriage
* PROOF OF FAULT to END marriage |
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Term
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Definition
MUST PROVE ALL 3!!!
1) DEPENDENT spouse
2) Supporting Spouse
3) that SUPPORTER has MEANS & ABILITY to pay
* Deductible for PayOR, income for PayEE |
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Term
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Definition
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Term
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Definition
1) either spouse dies
2) PayEE remarries
3) PayEE cohabitates
4) Other terms previously agreed upon |
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Term
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Definition
Division of Property that is EQUITABLE & FAIR - but may NOT be equal
Factors courts look at: length of marriage, contributions, age, health, income, future financial ability, tax, who EARNED asset, intentional acts, etc |
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Term
| 3 Steps Court takes in dividing Property |
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Definition
1) CLASSIFY
a) Separate- prior to marriage, gift
b) Divisible- part sep, part marital
c) Marital- after D.o.M., prior sep
2) Value- MARKET value
3) Distribute property |
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Term
| Standard for issues involving children |
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Definition
BEST INTERESTS OF THE CHILD
*sep agreement is presumed to be in BIOC, but is rebuttable |
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Term
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Definition
Uniform Child Custody Jurisdiction Enforcement Act -- FED STATUTE
- State that obtains, has Exclusive, Continuing Jurisdiction
- Other states MUST enforce |
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Term
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Definition
| Exclusive, Continuing Jurisdiction |
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Term
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Definition
| state child has lived in for > last 6 consecutive months preceding the filing action |
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Term
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Definition
1) Primary Physical
2) Joint Physical
3) Split
4) Joint Legal |
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Term
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Definition
1 parent primary
other parent Secondary |
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Term
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Definition
each parent has about equal time for overnights
** child goes between 2 homes |
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Term
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Definition
parents come together to make all major decisions affecting child:
education, health, religion, discipline & general welfare |
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Term
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Definition
- each parent has PRIMARY custody of 1 (or more) children
- still have visitation with other child |
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Term
| 3 Child Support Calculations (NC) |
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Definition
Wkst A- 1 parent PRIMARY > 243 nights
Wkst B- SHARED/JOINT each > 123 nights
Wkst C- SPLIT each parent custody of 1+ child(ren) |
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Term
| 2 Jurisdictions for Child Support |
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Definition
In Personam: over the person
Long Arm Statute: state obtains thru UIFSA by showing 1 or > conditions are met |
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Term
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Definition
Long Arm Statute: thru UIFSA, show 1:
* non-res once resided w/child in state
* non-res once resided & provided prenatal expenses OR child support
* Child lives in another state b/c of acts/directives of Non-res
* Non-res has sex in state that may have led to conception of child |
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Term
1 Consequence + 3 Proofs REQ
VIOLATION child support order |
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Definition
**CONTEMPT of COURT** must show:
1) There was ORDER & purpose of order still valid
2) since Order, Δ WILLFULLY failed to comply
3) Δ had MEANS & Ability to pay |
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Term
| MODIFICATION of Child Support &/or Custody |
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Definition
Support- Income or Physical Custody has changed
Custody- SUBSTANTIAL CHANGE in circumstance |
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Term
| spouses conveying property to each other |
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Definition
| court suspects it's to EVADE creditors |
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Term
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Definition
*Alleged* father of minor
- owes duty to support child
- not always the bio-dad
- ALWAYS Husband of wife who gives birth |
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Term
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Definition
proceeding filed to determine paterity of MINOR child ONLY
- filed by mom, agency or alleged dad |
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Term
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Definition
| allows Putative Father to have minor child declared legitimate, so child can inherit if dad dies intestate |
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Term
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Definition
* minor < 18yrs,
* independence from parents & parents no longer owe duty of care to child |
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Term
| Minor Emancipation - 5 ways |
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Definition
1) Marriage
2) Military Service
3) Abandonment
4) Contract w/ parents
5) Court Order - must show can support self |
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Term
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Definition
* legal process where adoptive parent assumes rights & duties of bio-parents
* once granted adoptive parents transplanted for bio
* Bio-parents owe NO duty - but still owe ARREARS
* New birth certificate |
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Term
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Definition
1) Agency - parents sign over rights (dss)
2)Independent / Private - parent(s) place (sometimes with help of broker)
3) Black Market - baby selling
** also closed vs open |
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Term
| Abortion - when unconstitutional |
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Definition
when places an UNDUE BURDEN on women's abortion decision before viability
* SUBSTANTIAL OBSTACLE * |
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Term
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Definition
| employment decisions made based on sexual advanxes and/or conduct |
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Term
| Hostile Environment Harrassment |
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Definition
intimidating, hostile or offensive environment
* also applies if MANAGER or Supervisor does NOT take necessary steps to prevent or STOP |
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Term
| Wrongful Pregnancy /Conception |
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Definition
| action by PARENTS of unwanted HEALTHY child seeking damages |
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Term
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Definition
| action on behalf of CHILD who is IMPAIRED seeking damages |
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Term
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Definition
| action by PARENTS of unwanted & IMPAIRED child seeking damages |
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Term
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Definition
| TORT by SPOUSE- loss/interference w/Spousal DUTIES, incl: companionship, love, affection, sex, services & activities enjoyed prior to injury |
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Term
| Loss of Parental Consortium |
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Definition
| TORT by CHILD- loss/interference w/Parental DUTIES, incl: companionship, love, affection, services & activities enjoyed prior to injury |
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Term
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Definition
| Tort by PARENT- TORT - loss/interference w/child's DUTIES, incl: companionship, love, affection, services & activities enjoyed prior to injury ** CHORES ** |
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Term
| ABDUCTION or ENTICEMENT of Child |
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Definition
| Δ intended to interfere with PARENT's custody & enticed or encouraged child to leave |
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Term
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Definition
| Privilege b/w spouses PREVENTS 1 spouse from DISCLOSING in open court ANY CONFIDENTIAL info b/w spouses marriage |
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Term
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Definition
* couple HOLDS THEMSELVES OUT as married
* VALID MARRIAGE
* ALL STATES RECOGNIZE
* few states grant |
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Term
| Civil Union / Domestic Partnership / Same Sex Marriage |
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Definition
* Not VALID in every state
* Not RECOGNIZED in every state thanks to FUCKING DOMA |
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Term
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Definition
| defines Relationships, Rights & Duties in formation & Existence & Dissolution of marriage and other family units |
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Term
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Definition
legal entity
imposes certain rights on 2 people |
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Term
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Definition
Ǩ b/w 2 people to be married
MAY COVER: spousal support, property division, in event of Divorce, Separation, Death
* Changes to Ǩ MUST be signed by BOTH ℗ |
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Term
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Definition
* Ǩ b/w 2 ℗s who do NOT intend (or can NOT legally) get married
* can deal w: property, support, etc
* MANY courts RELUCTANT to enforce b/c then treat like married couples, so some will enforce under QUASI Ǩ to avoid unjust enrichment |
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Term
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Definition
* Ǩ b/w 2 ℗s -- OFFER, Acceptance & Consideration
* can NOT sue for Specific Performance
* HEART BALM Statutes (NC)
* some states allow action for FRAUD |
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Term
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Definition
1) FALSE statement of fact
2) Person making ^ KNOWS it's FALSE
3) ℗ ^ made to INTENDED to RELY on
4) it's REASONABLE for other ℗ to RELY
5) ℗ DOES rely AND suffers harm |
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Term
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Definition
| Declaration that a VALID marriage NEVER EXISTED |
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Term
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Definition
* Marriage INVALID (prima facie) from outset - NO court order necessary
* ex: Bigamy |
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Term
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Definition
Marriage VOIDED by Court Order b/c:
* underage spouse
* Mental defect / illness
* Impotence
* Fraud / misconception |
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Term
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Definition
Ǩ b/w 2 spouses who have (or are about to) separate; may deal w:
Spouses' property, support, child custody & support
** Must NOT be conducive to Divorce
* Breach = breach Ǩ = sue in CIVIL |
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Term
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Definition
Court Proceeding denotes TERMS of separation, incl: spousal support, property, child custody & support
* MOST states REQUIRE FAULT (NC)
* Breach = VIOLATION = CONTEMPT CT |
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