Family Law Ch. 1

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Author:
missancy
ID:
103842
Filename:
Family Law Ch. 1
Updated:
2011-09-23 13:17:08
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Family Law
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Family Law Ch. 1
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  1. What are some changes in society?
    • Changing gender roles (women were seen as propety, etc..)
    • Fault v. No-fault divorce
    • Traditional v. Non-traditional families
  2. What is the purpose of marriage?
    • Reproduction
    • Instills Socialization and values
    • Stability
    • Emotional/Financial support
  3. 3 main traditional grounds for divorce?
    • Adultery
    • Extreme Cruelty
    • Desertion
  4. History of divorce?
    • Divorce was only available to an "innocent" spouse whose partner caused the breakdown of the marriage by committing some marital fault.
    • Fraud often occured in divorce cases (friends would act out parts and lie about the marriage)
  5. What are Indiana's ground for divorce?
    • Irretrievable breakdown of the marriage
    • Criminal Conviction of a Felony
    • Impotence
    • Incurable insanity for 2 years
  6. What's the fastest you can get divorced in Indiana?
    60 days as long as there is a written waiver for final hearing or a statement of no contested issues.
  7. What is marriage?
    The joining together of one man and one woman in a civil contract.
  8. Legal benefits to marriage?
    • Hospital Visitation rights
    • Marital Communication privilege
    • Insurance benefits
    • Joint adoptions
    • Family leave
  9. What are the marriage requirements in Indiana?
    • Over 18 years of age (17 and under needs consent)
    • No blood test required
  10. License v. Certificate
    • License - issued by the clerk of the circuit court and authorizes the couple to get married
    • (Ind. licesnes expire after 60 days)
    • Certificate - document prepared by the official performing the marriage.
  11. Indiana solemnization requirement?
    • Clergy member
    • Judges
    • Mayor
    • Clerk/Clerk-treasurer
    • etc...
  12. Indiana recording requirement?
    • Official has the responsibility for recording the marriage license and certificate w/ the county clerk.
    • (30 days)
  13. Marriages abroad?
    As long as the marriage does not violate public policy and the jurisdiction requirements are met, then it is a vaild marriage.
  14. Marriage Prohibitions?
    • Same-Sex
    • Between family members
    • Bigamous or polygamous
  15. Void ab initio?
    Void from the beginning
  16. Covenant Marriage?
    an alternative type of marriage that can be summarized as requiring premarital counseling, a return to fault-base grounds in order to get divorce, counseling before getting divorce, the signing of a covenant contract, and longer mandatory periods.
  17. Common law marriage?
    • An informal marriage created without a license or ceremony.
    • Elements:
    • Capacity
    • Agreement/intent
    • Cohabitation
    • Holding out as husband & wife
    • Together for a certain period of time
    • NO SURPRISES
  18. Benefits of common law?
    • Convenience
    • Personal preference
    • Poverty
  19. 3 ways to dissolve a marriage?
    • Dissolution of marriage (divorce)
    • Annulment
    • Legal Separation
  20. Divorce?
    • The complete legal severance of the marriage by the state.
    • Issues:
    • child support
    • alimony
    • property
  21. Legal Separation?
    • Allows the parties to live separately but the marriage is still inact.
    • Not allowed to remarry.
  22. Annulment?
    Purpose of annulment is to have a marriage contract which is void declared void, or to have a voidable marriage judicially made void.
  23. Void marriage?
    Void ab initio - invalid at the time of its creation.
  24. Voidable marriage?
    Invaild at inception but remains in effect unless the court terminates it.
  25. Void Indiana marriages?
    • Preexisting marriage
    • Marriage to close relative
    • Mentally incompetent
    • Common law marriages after 1958
    • Foreign marriage solemnized to evade Indiana Law
  26. Voidable Indiana Marriages?
    • Fraud
    • Mental incompetence
    • Age
  27. Heart Balm acts?
    Acts where there is a breach for a promise to marry. Called heart balm acts since people were suing for their heart ache.

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