Family Law - bar exam 2023 with well answered questions(100% correct answers)

Three phrases that pay with family law for the MEE 1. irretrievably broken 2. equitable (distribution - not equality) 3. 'best interest and welfare of the child' solemnization having at least two witnesses req at ceremonial marraiges ceremonial marriage requirements license solemnization common law marriage requirements 1. hold yourselves out to the public as being married; 2. cohabit; 3. parties agree they are married common law marriage - what can NOT happen in order for the CL marriage to be valid license and ceremony and can't be married to someone else at the time the CL marriage was entered into a valid marriage can be terminated in three ways 1. annulment 2. divorce 3. death Annulment: definition VOIDS a marriage, makes it as though the marriage never happened Annulment: requirement for impediment impediment must have existed at the onset of the marriage Types of annulments void marriages voidable marriages Void marriages: definition ________ require judicial dissolve _________ be legally recognized 'as if it never happened' does not will not Void marriages: types 1. prior existing marriage 2. incest 3. mental incapacity void marriages: prior existing marriage bop exceptions bop: the person trying to prove that the other already has a first marriage. *exceptions: some states allow that once the impediment (re: first marriage) is correct, the second marriage becomes valid void marriages: incest 1. must prove marriage or sexual relations within a prohibited degree - 50% bar first cousins - most prohibit half blood - many prohibit void marriages: mental incapacity. in order to have capacity: 1. must be lucid AT THE TIME of contract being made 2. must be able to understand the duties and responsibilities they are undertaking Voidable marriage: definition 1. is a valid marriage until someone seeks an annulment 2. requires judicial decree voidable marriage: age who can ask for annulment who can not when is annulment no longer available any party who is under the age of consent can ask for an annulment; OR the parent of the minor child can ask for an annulment the age of majority party may not ask for an annulment annulment is no longer an option if juliet turns 18 and continues to cohabitate with romeo (considering it ratified) voidable marriage: impotence if one party is naturally in and incurably impotent exception: if one of the parties knew about the impotence before the marriage, the marriage cannot be annulled on that basis.