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41 question-and-answer flashcards covering key doctrines from the family-law lecture: marriage validity, premarital agreements, divorce jurisdiction, UCCJEA, property division, spousal and child support, custody standards, visitation, paternity, adoption, and unmarried-partner rights.
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What are the three requirements for a valid ceremonial marriage?
How is a common-law marriage formed?
Under what doctrines can a bigamous marriage be validated?
Under the UPAA, when is a premarital agreement unenforceable?
The challenging spouse proves:
What factors are considered in determining whether a premarital agreement was voluntary?
Are provisions in a marital agreement regarding child support or custody binding on a court?
No. Such provisions are not binding, and:
Under the UPAA, when will a premarital agreement’s spousal-support waiver be denied enforcement?
Can an ex-parte divorce be granted without personal jurisdiction over the absentee spouse?
Yes, if:
What is a divisible divorce?
A proceeding that:
Under the UCCJEA, when does a court have home-state jurisdiction?
When does a court have significant-connection jurisdiction under the UCCJEA?
When does a court have more-appropriate-forum jurisdiction under the UCCJEA?
When does a court obtain temporary emergency jurisdiction under the UCCJEA?
When does a court have "no other state" jurisdiction under the UCCJEA?
What grounds permit annulment of a marriage?
What are the five traditional grounds for divorce?
When may a separation agreement be set aside and when may a divorce settlement agreement be vacated?
What assets qualify as separate property in equitable distribution?
What assets are included in marital property?
Are professional degrees or licenses marital property?
Do courts consider marital or economic fault when dividing property?
Under the UMDA, when may a court award maintenance (spousal support)?
When the requesting spouse:
What factors guide a court in setting the amount of spousal support?
What must state child-support guidelines include under federal law?
When may a child or spousal support order be modified in most states?
Under the UMDA, when may a support order be modified?
Under UIFSA, when may a court modify another state’s support order?
The court must have jurisdiction to issue an order AND either:
What is the legal standard for determining child custody?
What is the custody preference between parents and third parties?
When may a court limit or reduce a parent’s visitation rights?
When are third-party visitation rights permitted?
When the third party:
When may a child-custody determination be modified?
How can another state modify an existing custody order under PKPA and UCCJEA?
Are express and implied agreements between unmarried cohabitants regarding property division enforceable?
Yes.
What is the putative spouse doctrine?
What is paternity by estoppel?
A man not the biological father is estopped from denying paternity if he:
When does an unmarried father’s relationship with his child receive due-process protection?
When is an unmarried father entitled to notice of an adoption proceeding?
When:
What are the exceptions to the parental-consent requirement for medical care of a minor?
Consent is not required in:
When is a parent’s consent not required for an adoption?
Consent is unnecessary if:
Under the UPA, when is a husband presumed to be the father of a child conceived by artificial insemination or IVF?