STUVIA 2024/2025
Family Law MEE Flashcards
- Emergency jurisdiction or default jurisdiction
1) The Home State Test
2) The Significant Connections Test
3) Emergency Jurisdiction or Default Jurisdiction - What are the three tests to decide jurisdiction in a
child custody order?
A bigamous marriage is void from the beginning.
Two marriage saving doctrines for the new spouse:
1) There is a presumption that the most recent marriage is valid
AND
2) Removal of the impediment (by divorce) will render a subsequent marriage valid - Bigamy
A court will enforce a premarital agreement so long as it isvoluntarily made, substantively fair, and if
%
full disclosure of assets and obligations was made.
A court will not, however, enforce a premarital agreement regarding child custody or support if it is not
in thebest interest of the child. - Divison based on premarital agreement:
A marriage valid under the law of the place in which it was contracted will be valid elsewhere
UNLESS it violates a strong public policy of the state that has the most significant relationship to the
spouses and the marriage. - Recognition of Marriage
Alimony awards may be modified if a court finds there has been a substantial change in
circumstances making the prior award unreasonable. This must be an unanticipated change. Alimony
usually terminates if a spouse dies or gets remarried. In some states, cohabitation will reduce or
terminate alimony. - Modification and termination of alimony
Alimony can be permanent, temporary, or granted in a lump sum. Almost all states require the trial
court to consider the parties' financial resources and needs, marital contributions, and maritalduration.
Some states also look at spousal misconduct, one spouse's support for the other's education or
training, etc. The trial court has substantial discretion in choosing to award alimony. - Spousal
Maintenance: Alimony
All states employ numerical guidelines and establish a
stuvia
Family Law MEE Flashcards
- Emergency jurisdiction or default jurisdiction
1) The Home State Test
2) The Significant Connections Test
3) Emergency Jurisdiction or Default Jurisdiction - What are the three tests to decide jurisdiction in a
child custody order?
A bigamous marriage is void from the beginning.
Two marriage saving doctrines for the new spouse:
1) There is a presumption that the most recent marriage is valid
AND
2) Removal of the impediment (by divorce) will render a subsequent marriage valid - Bigamy
A court will enforce a premarital agreement so long as it isvoluntarily made, substantively fair, and if
%
full disclosure of assets and obligations was made.
A court will not, however, enforce a premarital agreement regarding child custody or support if it is not
in thebest interest of the child. - Divison based on premarital agreement:
A marriage valid under the law of the place in which it was contracted will be valid elsewhere
UNLESS it violates a strong public policy of the state that has the most significant relationship to the
spouses and the marriage. - Recognition of Marriage
Alimony awards may be modified if a court finds there has been a substantial change in
circumstances making the prior award unreasonable. This must be an unanticipated change. Alimony
usually terminates if a spouse dies or gets remarried. In some states, cohabitation will reduce or
terminate alimony. - Modification and termination of alimony
Alimony can be permanent, temporary, or granted in a lump sum. Almost all states require the trial
court to consider the parties' financial resources and needs, marital contributions, and maritalduration.
Some states also look at spousal misconduct, one spouse's support for the other's education or
training, etc. The trial court has substantial discretion in choosing to award alimony. - Spousal
Maintenance: Alimony
All states employ numerical guidelines and establish a
stuvia
