Family Law Week 4

CA Domestic Partnership Statute

protective rules around couples that register RS providing same rights as married couples (partner on work health insurance, inherit w/o will or doc)

When can party file notice terminating domestic partnership

• no children

• RS less than 5 yrs.

• no shared property

• no lease/contract to purchase, or it is less than 1 yr.

• no unpaid debts

• everyone agrees on division of assets

Who may not enter domestic partnership

• incest

• under 18

• one party not able to consent

Illinois Annulment Statute

• children born or adopted of prohibited marriage are lawful children

• invalid if under the influence/lacked capacity to consent, lacked physical capacity to consummate and other party did not know of incapacity

• only can marry 1 person at a time

• marriage btw ancestor and descendant or btw siblings whether half or whole blood or by adoption; marriage btw uncle/niece, aunt/nephew whether by half or whole blood or adoption; btw cousins of the 1st degree (unless both parties are 50+, or present certificate stating parties are permanently and irreversibly sterile)

• underage without consent of parents, guardian, or judicial approval

• not consummated within 1 yr.

• bigamous marriage can be invalidated by state’s atty or children of marriage no later than 3 yrs after death

when does annulment have to be asserted

by either party no later than one yr. after the petitioner obtained knowledge of the described condition