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Family Law

I. Getting married

A. Nature of Marriage

civil status/relationship created by legal union, typically of husband wife, incl. rts, duties, and responsibilities

Const rts: Marry; intimate relations (due pro); contraception; abortion; family decision; live w/ fam; rel w/ kid.B. Breach of Promise to Marry

no cause of action in tort; CL allowed, but abolishedC. Gifts in Contemplation

Irrevocable if: unconditional intent to make gift at time; delivery to donee; donee accepts

Revocable if: intent gift subject to condition subsequent of marriage; gift made but for expectation of marriage D. Premarital Agreements

Enforceable exc. wrt child support. Valid upon marriage; must satisfy K rules; procedurally fair (disclosure of finances); substantive fair (rare)

o Must be voluntary. UPAA doesntrequire atty || some states do o disclosure must be fair/reasonable; not waived; no opportunity to learn abt. financeso Sub + Proc unfairness required under UPAA || other states require EITHER

E. Legal Requirements for Marriage

License + Solemnization; failure of license may not invalidate || (if yes putative spouse rts [cf divorce])F. Informal or CL Marriage

Intent + Cohabitation + Holding Out + Legal Capacity + Burden of proof on party assertingG. Legal Impediments to Marriage

Nonage (

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Family Law

C. Property Division

Equitable Division preferred over alimony. Look to: economic justice + predictability of results.

Steps: ID Property + Value + Divide (Marit. prop only [defined as prop during marriage] || all || comm property, inkl. sep prop) (value of sep if input by spouse

Non-marital Prop: gifts to pty OR split by agreement + prop before marriage/for exchange of before marriage + after marriage ends (sep || div pro || div decre

Mixed prop: commingled (look to facts and character) maybecome marital property

Dividing Prop: done based on equity (not equally || equally) considering Contribs (to edu, marit. prop, fams quality of life) and Fin Circums (age, skill,prop)o Debts as assets, unless personal debts (sep prop)

Classifying assets: House = EqDist? (if pre-marriage, sep, unless gift w/o rebut; if earning of both to payoff, facts); Pensions/retirement = EqDst; Options =EqDist; Degress EqDist; Goodwill, if personal EqDist, if to biz = EqDist; Lottery (Depends on sep/pers purch)

D. Alimony/Spousal Maintenance

Alimony may be provided to either spouse; Periodic, Rehabilitative or Lump Sum; Policy is to make self suff (UMDA req: lack suff property; cant support selconsider needs, contributions, duration of marriage); Terminates at term, death of either, or upon remarriage/cohabitation.

E. Equitable Reimbursement

For edu, greater earning potential etc.F. Child Support and Custody

Child support is against non-custodial parent

CustodyIf both parents of minor are competent and fit, they are jointly entitle to the custody of the person of the minor. Parents have equal powers, rights, aduties. If only one parent, entitled to custody. Ct may award to either parent

o ConsiderationsPresumption in favor of real parents; Equality of Gender (BIoC); Best Interests of Child (wishes of parents; wishes of child; interactionparents with child, siblings, etc; childs adjustment to school, community etc; mental/phys health); Joint Custody (right to phys custody and decisions).

Visitationby non custodial, granted unless visitation not in BIoC; may grant to GP/Stepparents/Etc. if in BIoC (in doubt)

Standard for Support modssubstantial and continuing change in circumstances || UMDA only if sub, continuing such that unconscionable

Standard for Custody modsChange in circumstances changes BIoC, change custody also BIoC; remarriage/cohab likely hearing; leniency if relo.

UCCJEA (child custody enf) no relit of OOS child custody orders. Juris: if kid in state w/in 6mo, parent there, no other state has interest, oos parent hascontacts > presence). Juris continues until no parent lives in state. No mod unless have initial juris. Conduct may waive. Enforcement of child sup sim (UIFSA

G. Effects of Final Divorce Decree

may remarry as if never married

H. Recognition of Foreign Divorce Decree