Domestic relations is the area of law that deals with family law issues such as divorce, custody, and support.
Premarital (prenuptial) agreements are only for celebrities or wealthy individuals.
A premarital (prenuptial) agreement can address the following issues, except:
Rights and obligations regarding any property
Rights to manage and control any property
Disposition of property upon termination of the marriage by death or legal action
Choice of law to govern the agreement
What are the three different ways to legally terminate a marriage?
If the marriage is found to be void, it means that there was never a valid marriage.
A voidable marriage can never be declared a valid marriage by a court.
A disssolution of marriage can only occur if one of the parties is able to show that the other party was at fault for the collapse of the marriage.
In a divorce action, the court can address the following issues:
criminal domestic violence issue
If the court chooses to bifurcate the proceeding, the court terminates the marriage, but the remaining issues are heard separately after the marriage is terminated. However, the parties are not free to remarry until all of the remaining issues are resolved.
Why might a couple choose a legal separation over a dissolution?
couple doesn't actually want a divorce
they want to remarry but do not want to go through the hassle of a dissolution proceeding.
couple wants to see if they can work out a resolution and try a temporary separation
Child custody pertains only to children born out of a marital relationship.
The purpose of support is to ensure that the following are available to a child or spouse who is unable to earn an adequate living:
Separate property must be divided upon dissolution of a marriage.
Community property does not include debts.
What are some discovery tools?
request for production of documents
search and seizure
What is mediation/conciliation?
Court recomends this if there are minor children and couple cannot resolve issues.
This is only used when the couple has property issues they cannot resolve.
A formal process, similar to a trial.