Family Law Lectures: Summary, Review and Exam Prep

MARRIAGE & PARTNERSHIPS

Marriage Formation

Requirements: License, age restrictions, consent, solemnization

Common-Law Marriage: Cohabitation + holding out as married + intent

Agreements

Prenuptial: Before marriage, addresses property/support

Postnuptial: During marriage, similar purpose

Enforceability: Voluntary, full disclosure, opportunity for counsel

Limitations: Can't determine child custody/support

Domestic Partnerships

Alternative to marriage with varying recognition

Rights differ by jurisdiction

Cohabitation agreements protect interests

DIVORCE & SEPARATION

Grounds

No-fault: Irretrievable breakdown, irreconcilable differences

Fault-based: Adultery, cruelty, abandonment, etc.

Trend: Moving away from fault-based

Process

Filing petition → Response → Interim orders → Settlement/mediation → Trial

Legal separation: Alternative to divorce, addresses similar issues

Financial Matters

Spousal Support Types:

Permanent/durational: Long-term support

Rehabilitative: Time-limited for skill development

Transitional: Short-term adjustment period

Reimbursement: Repayment for contributions

Property Division Systems:

Community property: Equal division of marital assets

Equitable distribution: Fair but not necessarily equal division

Marital vs. separate property distinction

Commingling: Mixing separate and marital property

Child Support:

Both parents obligated

Calculation models: Income shares or percentage of income

Adjustments for custody arrangements or special needs

Cannot be waived by agreement

Interstate Issues

UIFSA: Ensures consistent enforcement across state lines

Continuing exclusive jurisdiction: One state maintains authority

Modifications

Requires substantial change in circumstances

May involve imputed income

CHILDREN & CUSTODY

"Best Interest of the Child" Standard

Factors: Age, health, bonds, stability, parental fitness, child's preference

Custody Types

Legal: Decision-making authority (joint/sole)

Physical: Living arrangements (joint/primary)

Visitation/parenting time: Regular, supervised, or denied

Parental Rights

Biological parents' rights

Paternity establishment

Rights of unmarried parents

ART implications (donors, surrogates)

Same-Sex Parents

Recognition after marriage equality

Birth certificates and adoption options

Adoption

Terminates biological parental rights

Types: Agency, private, stepparent, international

Interstate: ICPC regulations

International: Hague Convention, re-adoption issues

Evolving Concepts

De facto/psychological parent doctrines

Child's preference (age-dependent)

Open adoption

Relocation considerations

QUICK REFERENCE: KEY TERMINOLOGY

Marriage Terms

Solemnization: Official ceremony

Consanguinity: Blood relationship

Full faith and credit: Recognition across states

Divorce Terms

Transmutation: Change in property character

Interim orders: Temporary arrangements during proceedings

Custody Terms

Parenting coordinator: Mediator for ongoing disputes

Supervised visitation: Monitored parent-child time

Relocation: Moving with child away from other parent

Legal Frameworks

Uniform Parentage Act: Establishes legal parent-child relationships

Hague Adoption Convention: International adoption standards

Modification of Support Orders: Understand the requirements for modifying child support and spousal support orders, including a substantial change in circumstances. Note the concept of imputed income.

III. Child Custody, Adoption, and Evolving Family Law Matters

Child Custody Determinations: Understand the paramount principle of the "best interest of the child." Identify the factors courts consider (child's age, health, bonds, stability, parental fitness, child's preference if mature).

Types of Custody: Differentiate between legal custody (decision-making) and physical custody (living arrangements). Understand joint legal custody, joint physical custody, sole custody, and visitation.