Raut Domestic Relations Final

What was the precedent set in Loving v. Virginia?

Cannot ban marriage based on race.

What are the restrictions to marriage?

Must be 18, cannot marry family, can only marry one person at a time.

Define common law marriage.

Marriage based on conduct, not a contract.

How do prenups relate to the statute of frauds?

They must be in writing.

Why are full and fair disclosures important in prenups?

They are not valid without it.

What are the two things that cannot be put in prenups?

Child support and child custody.

What is the difference between protective and peace orders?

Protective orders are for blood relatives and romantic partners, peace orders are for anyone else.

Where can you file protective/peace orders?

During business hours, at district court where act occurred. After hours, at the commissioners office where act occurred.

What are two protections that can be in protective/peace orders?

No contact and must exit residence.

Define divorce.

The legal dissolution of a marital relationship.

What are the four elements to desertion?

Voluntary separation, for statutory period of time, without intent to return, without consent, and without justification.

What are two grounds for an uncontested divorce?

Consent and statutory period.

Why is legal custody hard to take?

It is a constitutional right.

What are three prongs of the “best interest of the child test”?

Reasonable preference of child, willingness of parents to share custody, and financial status of the parents.

When does a child get to have preference with which parent they live with?

10-12.

What are two things deducted from child support?

Health insurance and alimony.

What are two consequences of not paying child support?

Revocation of drivers license and jail.

When are two times child support ceases?

Death of the payer or when child reaches 18.

What are the two types of alimony?

Temporary and permenant.

What are three factors considered in alimony?

Age, duration of marriage, financial need.

What is the rule on health insurance upon divorce?

Health insurance must be discontinued upon divorce.

What are four factors of property distribution?

Define, classification, evaluation, and distribution.

What are two examples of non-marital property?

Inheritance and gifts.

Is alimony taxable?

No.

What are the three stages of an initial divorce interview?

Opening stage, information gathering stage, wrapping up stage.

How do you respond to a complaint for divorce?

By filing an answer within 30 days in state, or 60 days if out of state.

Define discovery.

Pretrial process of gathering information from the opposing party.

What are three methods of discovery?

Depositions, request for production of documents, and request for admission.

What are interrogatories?

Written questions that must be answered in writing in 30 days.

What should happen when O.C. does not file discovery on time?

File motion to compel and imposition of sanctions.

What are two types of child abuse?

Physical and emotional.

Give one example of neglect?

Malnourishment.

What are two types of mandatory reporters?

Teachers and therapists.

What does reasonable efforts mean?

Keeps the family together before the government can remove a child and place them in foster care.

Define dependency hearing.

When the agency seeks to have child adjudicated as a dependent or in the care or protected for a limited period of time to keep the family together.

What is most common independent adoption?

Step-parent adoptions.

What are the three types of adoption?

Agency, independent, and private placement adoption.

At what age must children consent to an adoption?

12.

What are three items filed with the court for independent adoption?

petition for adoption, tax returns, and health report of parents.

What is the purpose of home study?

Ensures a safe home environment.