Family law and domestic relations essentially means the same thing.
Why might a couple might want a prenuptial/pre-marital agreement?
People often marry later in life and they wish to protect their assets in the event that the marriage terminates either by legal action or by death.
People prefer planning for divorce rather than preparing for a happy marriage.
These are mandatory in some states.
Check everything that can be agreed upon in a pre-marital/pre-nuptial agreement.
Right of a child to child support
Rights and obligations regarding any property
Right to date another individual in the future
Rights to manage and control any property
Disposition of property upon termination of the marriage by death or legal action
Making of wills or trusts
Choice of law to govern the agreement
Any other matter, even one in violation of public policy or the law
What are some ways to terminate a marriage? Check all that apply:
common law marriage
An example of a voidable marriage would be one in which one party was already married—in other words, a bigamous marriage.
What is a dissolution?
A declaration that a marriage never existed between two parties.
It acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.
Similar to a temporary separation.
Similar to an annulment.
When parties legally separate, they do not want to be married anymore.
The court considers the best interest of the child when making custody deteriminations
Parents make all of the decisions in terms of what support they will pay to their child.
The Uniform Reciprocal Enforcement of Support Act (URESA) allows for intrastate enforcement of child support orders.
Spousal support (a.k.a alimony) is--check all that apply!
To compensate a spouse for their ex-spouse's deficiencies.
To ensure that housing, food, and clothing—the necessities of daily living—are available for a spouse who is unable to earn an adequate living.
may be awarded when two people end their marriage, but is not always awarded.
is court determined by state specific factors.
What is separate property? (Check all that apply)
Property that belongs solely to one party.
Property in which the marital partner has no legal interest.
Property that a party owned after the dissolution was finalized.
Property that Is not divided when the parties divorce
Includes property acquired by gift or inheritance.
Includes property that was given to both spouses during the marriage.
Community property is property that is used by both parties, but is only actually owned by one party.
Quasi-community property is treated the same as community property for the purposes of division.
Do family law cases differ procedurally from other kinds of civil cases?
Is a marital settlement agreement employed in an uncontested case?
What are some discovery tools used in family law cases?
Request for production and inspection of documents and things
What is usually recommended in a family law case if the parties cannot resolve their issues?
Lawsuit for breach of contract
Which is true about the Uniform Parentage Act?
Recognizes that both natural parents have certain rights and obligations regarding their children.
Favors the mother-child relationship over the father-child relationship.
Before a court makes a determination as to custody and child support, parentage must first be determined.