Family Law – Marriage, Divorce, Support & Custody

Comprehensive Q&A flashcards summarizing key family-law principles from marriage formation through divorce, property division, support, custody, adoption, and related jurisdictional rules.

What two elements are required for a valid ceremonial (statutory) marriage?

1. A marriage license that meets statutory requirements and
2. A solemnization ceremony performed by an authorized officiant.

Most states impose a minimum marriage age of \_ without parental consent.

18 years old

Can a state require premarital medical testing and condition issuance of a marriage license on the test results?

A state may mandate testing but may NOT condition issuance of the license on the results.

Name four situations in which a marriage license will NOT be issued.

1. One party already married,
2. Parties are too closely related,
3. The marriage is a sham, or
4. A party lacks capacity to understand the act (incapacity, duress, fraud, intoxication).

How many witnesses are generally required at a marriage ceremony in most states?

At least two witnesses.

What are the three foundational elements of a common-law marriage?

1. Present intent/agreement to be married,
2. Cohabitation as spouses, and
3. Holding out publicly as married.

Under the Full Faith and Credit Clause, must a state that abolished common-law marriage recognize one validly created elsewhere?

Yes, unless recognition violates a strong public policy of the forum state.

What is a heartbalm action, and are such actions generally available today?

A civil suit for damages after a broken engagement (e.g., breach of promise to marry). They have been abolished in most jurisdictions.

A void marriage is treated in what way and needs what to dissolve?

It is treated as if it never existed and generally needs no judicial action to dissolve.

Give three classic grounds that render a marriage VOID.

1. Bigamy (prior existing marriage),
2. Incest/consanguinity within prohibited degrees,
3. Lack of mental capacity.

How does a 'voidable' marriage differ from a 'void' marriage?

A voidable marriage is valid until one spouse obtains a judicial decree annulling it; defenses like ratification may apply.

List four grounds that commonly make a marriage voidable.

• Underage party
• Impotence
• Intoxication at ceremony
• Fraud/duress/lack of intent.

In many states an annulment based on age is barred once the underage spouse does what?

Reaches the age of consent and continues to cohabit voluntarily with the other spouse.

What doctrine protects a spouse who innocently enters an invalid marriage and allows divorce-style remedies?

The Putative Marriage Doctrine.

What are the two primary systems for division of marital assets in the United States?

Community property (minority of states) and equitable distribution (majority of states).

Does 'equitable distribution' always mean an equal 50/50 split?

No. It means a fair distribution considering statutory factors; equal is not required (though presumed in a few states).

Name three categories of property typically classified as separate and not subject to equitable distribution?

1. Property owned before marriage,
2. Gifts/inheritances received individually,
3. Property excluded by valid agreement.

Are professional degrees or licenses marital property?

Majority rule: No, but they may influence alimony (earning capacity) or reimbursement awards.

What is dissipation of marital assets?

When a spouse intentionally uses marital property for sole benefit after the marriage has irretrievably broken down (e.g., gifts to a paramour).

List the five main types of spousal support/alimony?

• Lump-sum

• Permanent

• Limited duration

• Rehabilitative

• Reimbursement

  (and palimony for cohabitants in some states).

Spousal support generally terminates automatically upon what three events?

1. Death of either spouse,
2. Remarriage of recipient (in most states),
3. Sometimes recipient’s cohabitation reducing need (modification).

Under the UIFSA, name two ways a state court can obtain personal jurisdiction over an out-of-state parent for child support?

• Personal service in the state; or
• Parent resided with the child in the state; or
• Sexual intercourse in state leading to conception; etc.

What is the income-shares model for calculating child support?

The child receives the same proportion of parental income as if parents lived together; both parents’ incomes are combined to set the award.

On what basis may a court impute income to a parent?

When a parent is voluntarily unemployed or underemployed to avoid support obligations.

List two common events that generally terminate a parent’s child-support duty?

• Child reaching majority or emancipation;
• Child’s marriage;
• Child’s death;
• Enlistment in military;
• Termination of parental rights.

May past-due child support be retroactively modified?

Generally, no. Modifications apply only from the date the motion is served forward.

What doctrine allows a court to grant a divorce but lack power to decide property or support due to absence of personal jurisdiction over one spouse?

The Divisible Divorce Doctrine (ex parte divorce).

Name the two broad categories of grounds for divorce?

No-fault grounds (e.g., irretrievable breakdown) and fault grounds (adultery, cruelty, desertion, etc.).

Define adultery in divorce law?

Voluntary sexual intercourse between a spouse and someone other than the spouse’s partner.

What defense to fault-based divorce bars relief when both spouses committed the same misconduct?

Recrimination (and related unclean hands).

What is condonation?

Knowing forgiveness of the marital misconduct followed by resumption of marital relations; bars later divorce on that ground if misconduct not repeated.

Limited divorce (divorce from bed and board) does what?

Separates the parties legally to live apart, addresses support and property, but does NOT dissolve the marriage—no right to remarry.

What equitable sanction can a court use for failure to pay support orders?

Civil contempt—jail until the arrearage is paid, wage garnishment, interception of tax refunds, license suspension, etc.

Does transfer of property between divorcing spouses trigger income tax at the time of divorce?

No. Transfers are tax-free; the transferee takes the transferor’s basis and tax is due only upon later sale.

In custody cases, what is the overriding standard courts apply?

The Best Interests of the Child.

Define legal custody versus physical custody?

Legal custody: right to make major decisions for the child. Physical custody: right/obligation for child’s day-to-day care and residence.

Under the UCCJEA, what state has jurisdiction for an initial custody determination?

The child’s home state—where the child lived with a parent for at least 6 consecutive months immediately before filing (or since birth if <6 months old).

When does a court have ‘exclusive-continuing’ custody jurisdiction under the UCCJEA?

Until neither the child nor a parent remains in the state, or the child no longer has significant connection and substantial evidence in the state.

What must state courts give a fit parent’s decision to deny grandparent visitation per Troxel v. Granville?

‘Special weight,’ meaning very significant deference.

Can a parent’s HIV/AIDS status alone justify denial of visitation?

No. Courts may not deny visitation solely due to HIV/AIDS.

What modern trend applies to custodial-parent relocation requests?

Courts often permit relocation if for a legitimate purpose and consistent with child’s best interests after considering statutory factors.

What is the Uniform Interstate Family Support Act (UIFSA) primary rule about modifying another state’s child-support order?

Only the issuing state may modify unless all parties (and child) move out or all expressly consent to the new state’s jurisdiction.

Is child-support income deductible to the payor or taxable to the recipient?

No. Child-support payments are neither deductible by the payor nor taxable income to the recipient.

Define the 'necessaries doctrine.'

Common-law rule making one spouse liable to third-party creditors for the other spouse’s essential expenses; now gender-neutral family-expense statutes.

What is required for a premarital agreement to be enforceable under the UPAA?

It must be voluntary and either not unconscionable OR the contesting party had fair and reasonable disclosure (or adequate knowledge) of assets and waived disclosure.

Can a premarital agreement limit child custody or support?

No. Clauses regarding child custody/support are unenforceable because contrary to the child’s welfare.

An otherwise valid marital agreement may be set aside if enforcement would leave one spouse how?

So impoverished as to become dependent on the state (public assistance).

What consideration supports a premarital agreement?

Entering into a valid marriage is sufficient consideration.

What is a cohabitation agreement and when is it unenforceable?

A contract between unmarried partners about property/support; unenforceable if sex is the only consideration.

How is parentage generally determined in assisted-reproduction under the UPA?

Mother is the woman who gives birth (unless gestational agreement states otherwise); her spouse is presumed father unless he proves lack of consent within 2 years.

In a gestational-surrogacy agreement, what must a court find before approval?

Voluntary consent of all parties,

reasonableness of any compensation,

home-study fitness of intended parents, and

proper medical arrangements.

Under domestic-violence statutes, who is typically eligible for a protective order?

Spouses, former spouses, cohabitants, persons with a common child, household or family members, and often dating partners.

What relief can a protective order grant besides no-contact?

Exclusive possession of the residence, temporary custody, child/spousal support, and other injunctive relief.

At what standard of proof must parental rights be terminated?

Clear and convincing evidence.

Name two common grounds for involuntary termination of parental rights?

• Abandonment
• Abuse or neglect
• Incapacity
• Previous termination of rights to a sibling
• Failure to support.

When may an unwed father’s consent to adoption be waived?

If he fails to timely register or does not demonstrate commitment to parenting responsibilities.

Does adoption sever the child’s legal relationship with biological parents?

Yes. All parental rights and obligations transfer to adoptive parents, except in rare open-adoption or stepparent-visitation statutes.

What is emancipation and one typical legal effect?

A court decree that a minor is self-supporting and independent; it ends parents’ duty to support the child.

Under parens patriae, when can the state override parents’ refusal of medical treatment?

When necessary medical care is needed to prevent serious harm or death to the child.

Name three classic defenses to enforcement of a premarital or marital agreement?

• Involuntariness/duress
• Unconscionability
• Lack of full disclosure/fraud.

What is laches as a defense in annulment?

Delay in asserting the annulment claim that prejudices the other party.

In equitable distribution, what happens if premarital property is retitled jointly?

It is presumptively a gift to the marital estate and becomes marital property unless rebutted.

Under what condition may a court consider marital misconduct in alimony?

Many states allow fault/misconduct as a factor in determining amount or eligibility for spousal support.

True or False: Social Security benefits are subject to equitable distribution?

False. Social Security benefits are not divisible marital property.

What is the purpose of rehabilitative alimony?

To enable a dependent spouse to gain education or training to become self-supporting within a specified period.

When may a mediator be disqualified in family mediation?

If the mediator fails to disclose potential bias or conflict of interest, or does not conduct mediation impartially.

Does cohabitation alone prove a common-law marriage?

No. Courts require present-tense agreement/intent plus holding out; cohabitation alone is insufficient.

What constitutional clause ensures most states recognize valid marriages from sister states?

Full Faith and Credit Clause.

Describe 'connivance' as a divorce defense?

Consent to or participation in the spouse’s wrongdoing (e.g., encouraging adultery).

What is 'provocation' in fault-based divorce defenses?

Misconduct was provoked by the plaintiff, thus not a valid ground for divorce.

Does remarriage of the payor automatically terminate spousal support?

Not automatically; payor’s remarriage may justify modification but generally does not end obligation absent court order.

What are 'family-expense' statutes?

Modern, gender-neutral versions of the necessaries doctrine allowing creditors to sue either spouse for household necessities.

How long must a party typically reside in a state before filing for divorce?

Varies by state, commonly six weeks to one year.

Under UCCJEA, when can a court exercise temporary emergency jurisdiction?

When the child is present in the state and needs immediate protection from abuse or abandonment.

What is the key effect of the Parental Kidnapping Prevention Act (PKPA)?

Mandates full faith and credit for proper custody determinations and prevents conflicting orders between states.

Explain 'parent by estoppel' or 'de facto parent'.

A third party who has lived with and acted as a parent may gain standing in custody disputes despite lack of legal parentage.

Can courts require indigent divorce litigants to pay filing fees?

No. Requiring fees that bar access to courts violates constitutional rights.

What happens to child-support obligations if the obligor voluntarily quits a high-paying job?

Courts generally deny reduction and may impute prior earning capacity absent good-faith reason.

When is a guardian ad litem appointed?

In highly contested custody cases to represent the child’s best interests and preferences.

Define 'Melson formula' in child-support guidelines?

A modified income-shares model allowing supporting parents to retain income for their own basic needs before paying support.