Family Law - Elements + Factors

Strict scrutiny applies when a law infringes on a [_____], and the government must show the law is [_____ ] tailored to serve a [_____ ] governmental interest.

Strict scrutiny applies when a law infringes on a fundamental right, and the government must show the law is narrowly tailored to serve a compelling governmental interest.

Intermediate scrutiny requires that a law be [_____ ] related to an [_____ ] governmental objective.

Intermediate scrutiny requires that a law be substantially related to an important governmental objective.

Rational basis review requires that a law be [_____ ] related to a [_____ ] governmental interest.

Rational basis review requires that a law be rationally related to a legitimate governmental interest.

A breach-of-promise-to-marry claim generally requires a [_____ ] promise to marry, [_____ ] of that promise, and resulting [_____ ].

A breach-of-promise-to-marry claim generally requires a valid promise to marry, breach of that promise, and resulting damages.

An engagement ring is generally treated as a [_____ ] gift, meaning ownership depends on whether the [_____ ] occurs.

An engagement ring is generally treated as a conditional gift, meaning ownership depends on whether the marriage occurs.

A premarital agreement must generally be in [_____ ] and [_____ ] by both parties.

A premarital agreement must generally be in writing and signed by both parties.

A premarital agreement may be unenforceable if it was entered into [_____ ] or if it was [_____ ] when executed.

A premarital agreement may be unenforceable if it was entered into involuntarily or if it was unconscionable when executed.

Procedural unconscionability focuses on the circumstances surrounding [_____ ], including whether a party had meaningful [_____ ] and whether there was unfair pressure.

Procedural unconscionability focuses on the circumstances surrounding formation, including whether a party had meaningful choice and whether there was unfair pressure.

Substantive unconscionability focuses on whether the [_____ ] of the agreement are excessively [_____ ] or one-sided.

Substantive unconscionability focuses on whether the terms of the agreement are excessively unfair or one-sided.

In determining the best interests of a child regarding a surname, courts may consider the child's [_____ ], the [_____ ] of each parent, and the potential [_____ ] associated with changing or retaining the name.

In determining the best interests of a child regarding a surname, courts may consider the child's preference, the preferences of each parent, and the potential benefits or harms associated with changing or retaining the name.

Marriage must be entered into [_____ ] and parties MUST have the mental [_____ ] to marry/consent to marriage.

Marriage must be entered into voluntarily and parties MUST have the mental capacity to marry/consent to marriage.

A Texas annulment based on fraud or duress may be available when a party's consent to marriage was obtained through [_____ ] or [_____ ], and the party did not [_____ ] the marriage after learning of the problem.

A Texas annulment based on fraud or duress may be available when a party's consent to marriage was obtained through fraud or duress, and the party did not voluntarily cohabit after learning of the problem.

A putative spouse is a person who [_____ ] believes they are legally married, although the marriage is actually [_____ ].

A putative spouse is a person who in good faith believes they are legally married, although the marriage is actually invalid.

A common-law marriage in Texas requires an agreement to be [_____ ] and presently married, [_____ ] in Texas as spouses, and representing to others that they are [_____ ].

A common-law marriage in Texas requires an agreement to be presently married, cohabitation in Texas as spouses, and representing to others that they are married.

For a common-law marriage, the parties must have the [_____ ] to marry and must agree to be married [_____ ], rather than merely intending to marry in the future.

For a common-law marriage, the parties must have the capacity to marry and must agree to be married presently, rather than merely intending to marry in the future.

A common-law marriage requires [_____ ] as husband and wife and [_____ ] to others that they are married.

A common-law marriage requires cohabitation as husband and wife and holding out to others that they are married.

Alienation of affection generally requires [_____ ] between the spouses, [_____ ] or interference by the defendant, and resulting [_____ ] to the marital relationship.

Alienation of affection generally requires a valid marriage between the spouses, wrongful conduct or interference by the defendant, and resulting damage to the marital relationship.

Self-defense generally requires a person to reasonably believe that they are facing [_____ ] force and that the force used in response is [_____ ] to the threat.

Self-defense generally requires a person to reasonably believe that they are facing imminent unlawful force and that the force used in response is proportionate to the threat.

Criminal threats generally require a [_____ ] threat of harm made with the required [_____ ], and the threat must cause the required level of [_____ ] or fear.

Criminal threats generally require a serious threat of harm made with the required intent/recklessness, and the threat must cause the required level of fear or apprehension.

Stalking generally requires a [_____ ] course of conduct directed at a specific person that would cause a reasonable person to experience [_____ ] or fear for safety.

Stalking generally requires a repeated course of conduct directed at a specific person that would cause a reasonable person to experience substantial emotional distress or fear for safety.

In determining whether children should be removed from a nonabusive parent who is a victim of IPV, courts consider whether exposure to IPV constitutes [_____ ], whether the harm is [_____ ], and whether removal would [_____ ] the situation.

In determining whether children should be removed from a nonabusive parent who is a victim of IPV, courts consider whether exposure to IPV constitutes neglect, whether the harm is imminent, and whether removal would improve or worsen the situation.

Under the ALI approach, domestic partners generally must have maintained a [_____ ] or have a [_____ ], and must have shared a residence and a life together as a [_____ ].

Under the ALI approach, domestic partners generally must have maintained a common household or have a common child, and must have shared a residence and a life together as a couple.

The Graves factors for determining whether people are closely related include [_____ ], [_____ ], and the extent to which they function as a [_____ ] unit.

The Graves factors for determining whether people are closely related include the nature of the relationship, the degree of emotional and financial interdependence, and the extent to which they function as a family unit.

Adultery requires both a [_____ ] and an [_____ ] to engage in sexual relations with someone other than one's spouse.

Adultery requires both a disposition and an opportunity to engage in sexual relations with someone other than one's spouse.

Texas cruelty requires conduct of such a [_____ ] that living together has become [_____ ].

Texas cruelty requires conduct of such a nature that living together has become insupportable.

Desertion generally requires [_____ ] of the marital relationship, without the other spouse's [_____ ], with the [_____ ] to end the relationship.

Desertion generally requires abandonment of the marital relationship, without the other spouse's consent, with the intent to end the relationship.

Recrimination is a defense to divorce based on fault when the [_____ ] spouse is also [_____ ] of marital misconduct.

Recrimination is a defense to divorce based on fault when the complaining spouse is also guilty of marital misconduct.

Condonation generally requires [_____ ] of the marital misconduct and a [_____ ] expectation that the marital relationship will be reconciled.

Condonation generally requires forgiveness of the marital misconduct and a reasonable expectation that the marital relationship will be reconciled.

Collusion occurs when spouses [_____ ] or cooperate to create a [_____ ] basis for obtaining a divorce.

Collusion occurs when spouses agree or cooperate to create a false basis for obtaining a divorce.

No-fault divorce allows a spouse to obtain a divorce without proving [_____ ] by the other spouse.

No-fault divorce allows a spouse to obtain a divorce without proving fault by the other spouse.

Divorce jurisdiction generally requires [_____ ] jurisdiction over the marriage/divorce and compliance with the applicable [_____ ] requirements.

Divorce jurisdiction generally requires subject-matter jurisdiction over the marriage/divorce and compliance with the applicable residency requirements.

Domicile requires both physical [_____ ] in a place and the [_____ ] to remain there.

Domicile requires both physical presence in a place and the intent to remain there.

Full Faith and Credit generally requires states to recognize a judgment from another state when the issuing court had proper [_____ ] and the judgment is [_____ ].

Full Faith and Credit generally requires states to recognize a judgment from another state when the issuing court had proper jurisdiction and the judgment is valid.

A collateral attack challenges the [_____ ] of a judgment in a [_____ ] proceeding rather than directly appealing the original judgment.

A collateral attack challenges the validity or jurisdictional basis of a judgment in a later proceeding rather than directly appealing the original judgment.

Tag jurisdiction allows a state to exercise personal jurisdiction over a person who is [_____ ] within the state and is [_____ ] with process there.

Tag jurisdiction allows a state to exercise personal jurisdiction over a person who is physically present within the state and is personally served with process there.

For an ex parte divorce, the state generally has jurisdiction over the [_____ ] spouse through [_____ ], but may not have personal jurisdiction over the absent spouse.

For an ex parte divorce, the state generally has jurisdiction over the domiciled spouse through domicile, but may not have personal jurisdiction over the absent spouse.

A general appearance occurs when a defendant [_____ ] to the court's jurisdiction, while a special appearance challenges [_____ ] jurisdiction without submitting to the court's authority.

A general appearance occurs when a defendant submits to the court's jurisdiction, while a special appearance challenges personal jurisdiction without submitting to the court's authority.

Forum non conveniens allows a court to dismiss or transfer a case when another forum is [_____ ] and the chosen forum is [_____ ] or inconvenient.

Forum non conveniens allows a court to dismiss or transfer a case when another forum is available and the chosen forum is seriously inconvenient.

Texas divorce residency generally requires [_____ ] in Texas for the preceding [_____ ] months and [_____ ] residence in the county for the preceding [_____ ] days.

Texas divorce residency generally requires domicile in Texas for the preceding six months and county residence for the preceding 90 days.

Under the military exception to Texas residency, time spent outside Texas or the county while serving in the [_____ ] or accompanying a spouse in such service is [_____ ] toward the residency requirement.

Under the military exception to Texas residency, time spent outside Texas or the county while serving in the armed forces or accompanying a spouse in such service is counted toward the residency requirement.

Under the FMLA, a serious health condition generally involves an [_____ ] illness, injury, impairment, or physical or mental condition involving [_____ ] or continuing treatment by a health-care provider.

Under the FMLA, a serious health condition generally involves an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health-care provider.