Family Law

Flashcards based on lecture notes for exam preparation.

Can a marriage be valid if one party is still married to another person (bigamous)?

No, generally it is not valid.

Can a bigamous marriage ever be saved under the Equity Doctrine?

Yes, if there's a strong presumption the most recent marriage is valid (rebuttable if evidence shows the first marriage was not dissolved).

Can a bigamous marriage be validated under the Uniform Marriage and Divorce Act (UMDA)?

Yes, upon removal of the impediment (i.e., the earlier marriage is terminated).

Is a premarital agreement always enforceable under the Uniform Premarital Agreement Act (UPAA)?

No, not if it was obtained involuntarily (e.g., fraud, duress, coercion).

Is a premarital agreement enforceable under UPAA if it was unconscionable when executed AND the spouse wasn't provided fair disclosure, didn't waive disclosure, or didn't have (or could have had) knowledge of financial information?

No.

Can a premarital agreement provision for spousal support be enforced if it makes the spouse eligible for public support (welfare)?

No.

Can a court typically intervene in an ongoing, intact marriage to resolve disputes about family support or finances?

No, due to the Doctrine of Nonintervention.

Do state courts have subject matter jurisdiction in marital and divorce actions?

Yes.

Must a court have personal jurisdiction over the defendant-spouse to decide economic or child support issues?

Yes.

Can an ex parte divorce (without personal jurisdiction over the absentee spouse) be maintained?

Yes, but only if the plaintiff-spouse is a domiciliary of the rendering state.

Does a court need personal jurisdiction or physical presence of a party or child to have Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) jurisdiction for child custody?

No.

Can a court decide child custody if it's the child's 'home state'?

Yes.

Can a court decide child custody if it's an 'emergency' and the child is physically present?

Yes, if the child is abandoned or it's an emergency to protect the child.

Must courts give full faith and credit to support orders from other states under the Uniform Interstate Family Support Act (UIFSA)?

Yes.

Can a court modify a child support order from another state under UIFSA if all parties (obligor, obligee, child) do not reside in the issuing state?

Yes, provided the court has jurisdiction to issue an order.

Does an 'issuing state' retain continuing, exclusive jurisdiction over a support order if one party still resides there?

Yes.

Can a divorce settlement agreement be set aside if there was mediator misconduct?

Yes.

Can a divorce settlement agreement be set aside if it's substantially unfair and resulted from fraud, duress, overreaching, or coercive conduct?

Yes.

Is a separation agreement valid if it was unconscionable?

No.

Is 'separate property' (e.g., acquired before marriage, gifts) divided among spouses in states following the equitable division approach?

No, separate property is not divided.

Is active appreciation (caused by a spouse's effort) of property acquired during marriage considered marital property?

Yes.

Is the fault of either party (like adultery) generally relevant when determining the distribution of marital property?

No.

Is economic misconduct (like dissipating assets) considered in property division?

Yes.

Can a property division award be modified easily after it's made?

No, only if exceptional circumstances exist (i.e., fraud, duress).

Is spousal support always awarded under UMDA?

No, only if the spouse lacks sufficient property and cannot support themselves through employment or is a custodian of a child whose condition prevents employment.

Do spousal support obligations terminate upon the death of the obligor spouse?

Yes.

Are states required by federal law to set child support guidelines?

Yes.

Can a child support order be modified without a substantial and continuing change in circumstances?

No.

Can courts retroactively modify child support orders?

No.

Is child custody determined solely by a parent's lifestyle, values, or religious beliefs?

No, unless such behavior or conduct endangers the child.

Is a fit legal parent generally given preference for child custody over a third-party?

Yes, and it's presumed to be in the child's best interests.

Will a court grant custody to a third-party without a showing of 'special circumstances'?

No, special circumstances like abuse, neglect, abandonment, mental incompetence, or surrender of the child are required.

Are parents presumed fit to care for their children?

Yes.

Can parents not granted custody typically receive reasonable visitation rights?

Yes.

Can parental visitation rights be denied if a court finds it would seriously endanger the child's physical, mental, moral, or emotional health?

Yes.

Can a third-party always get visitation if it's in the child's best interests?

No, they must also overcome the presumption that the parent is acting in the child's best interests AND show that a denial of visitation poses a risk of harm to the child.

Can a custodial parent relocate with the child if it's made in good faith and is in the child's best interests?

Yes.

Can a child custody order be modified without a substantial change in circumstances?

No.

Can child custody determinations be retroactively modified?

No.

Can a court modify a custody order from another state if the issuing state no longer has jurisdiction or declines to exercise it?

Yes.

For unmarried cohabitants, does the party who has title always retain sole ownership of the property?

No, unless there is no agreement (express or implied) or an applicable equitable remedy (Resulting Trust, Constructive Trust, Quantum Meruit).

Does the Putative Spouse Doctrine protect a person who entered a void/voidable marriage but believed in good faith it was valid?

Yes.

Is a putative spouse entitled to the same marital property rights as a legal spouse?

Yes.

Is a child born during marriage presumed to be the marital child of the husband?

Yes.

Are an unmarried biological father's rights always protected under the Due Process Clause?

No, only if he assumed parental responsibilities AND established a substantial parent-child relationship.

Is a parent's right to control a child's upbringing generally a fundamental right that the government cannot interfere with?

Yes.

Can the government limit parental rights if parental decisions jeopardize the child's health or safety?

Yes.

Is parental consent always required before medical care is performed on a minor?

No, not in an emergency or where prescribed by statute.

Do all states honor a parent’s refusal of child medical treatment based on religious beliefs?

No, some states do not.

Is a biological father's consent for the adoption of a non-marital child always required?

No, only when he assumed parental responsibilities.

Can consent for adoption be withdrawn after the adoption decree is entered?

No.

Does a sperm donor’s rights get severed if he is not also the husband in an artificial insemination/in vitro fertilization scenario?

Yes.