Family Law MA
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A gift given in contemplation of marriage can be recovered if:
the wedding is called off.
Gifts between fiancees cannot be recovered if they are not:
given in anticipation of marriage.
A premarital agreement is:
a K between two parties prior to marriage.
All premarital agreements must be:
in writing and signed by the parties
In order for a premarital K to be found not unconscionable it must:
1. Be fair and reasonable at the time of agreement and at the time of divorce.
2. Both parties must be fully informed about the financial circumstances of the other.
3. The agreement will be reasonable unless the contesting party is stripped of substantially all marital interests.
All premarital Ks must be:
voluntary. A fact the court will determine.
Postnuptial Ks are valid but the court will:
carefully scrutinize the agreement
A marriage requires:
1. An officiant
2. A witness
3. An exchange of solemn promises
The two ways to get out of a marriage are:
Annulments point to a ______________ problem that existed before the marriage and came to light afterwards.
An annulment may make a marriage _________ or __________ .
Voice or voidable
A marriage is void if founded on:
A marriage is voidable if:
1. Person was under 18 at the time
2. Lack of mental capacity
All annulments due that are voidable may be _________ by the parties.
In order to be granted an annulment due to fraud, the party must misrepresent or conceal:
information that goes to an essential aspect of the marriage.
A marriage that is voidable must secure:
an annulment before the marriage is officially over.
The 7 basis for fault divorce are:
3. Physical impotency
4. Drug or alcohol dependency
5. Non support
6. Cruel and abusive treatment
7. Imprisonment for a term of 5 or more years.
Desertion of a marriage occurs when:
1. There is an unjustified and unconsented to departure from the home for a period of at least one year
2. A continual absence is required
Constructive Desertion may occur when:
1. The spouse moves into the guest room, ceases sexual relations, and gives the spouse the cold shoulder
2. Changing the locks on a spouse when they are out of town.
Physical impotency occurs when:
the Spouse loses the ability to have sexual relations.
Drug or alcohol dependency is a grounds for divorce when:
1. The abuse is voluntary
3. Medically corroborated/diagnosed
The affirmative defenses to a fault divorce are:
a waiver of the offending conduct. The P knew of the misconduct, forgave it, and there has been a resumption of sexual relations.
The entrapment defense. The P induced the very misconduct that is the subject of the complaint.
Insanity is a defense where:
the harm complained of is the result of a mental illness
A no-fault divorce will be granted when there is a:
irretrievable breakdown of the marriage.
If a no-fault divorce is uncontested, the court schedules a hearing and:
approves the agreement and will enter a judgment nisi within 30 days.
After a judgment nisi is entered, divorce becomes final in:
Divorce cases are litigated in the ________ court.
In order to obtain a divorce in MA:
One spouse must be domiciled in MA, and have lived in the state for a Year or, the the grounds for the divorce occurred in MA
Full faith and credit will be given to any out-of-state divorce:
that occurred in another state. MA may not honor an out of country divorce and will not honor a unilateral out of country divorce.
Alimony is granted in a divorce based upon:
The four types of alimony are:
4. General term
Rehabilitative alimony is designed to allow:
recipient to obtain education or training to be self-supportive.
Reimbursement alimony is available if the marriage:
lasted less than 5 years. It is appropriate if one spouse contributed to improving the others financial earning capacity in the expectation that it would benefit the two of them as a married couple.
Transitional alimony is only available:
if marriage lasted less than 5 years and is intended to enable a transition to a new lifestyle.
General term alimony payments are available to spouses who are:
economically dependent on the spouse.
General term alimony for a marriage lasting less than 5 years:
maximum duration is half the length of the marriage.
General term alimony for a marriage lasting 5-10 years:
Alimony can last for .6 the length of the marriage.
General term alimony for a marriage lasting 10-15 years:
Alimony can last .7 the length of the marriage.
General term alimony for a marriage lasting 15-20 years:
Alimony may last for .8 the length of the marriage.
General term alimony for a marriage lasting 20 years or greater:
Alimony may be granted indefinitely.
The amount of alimony should be between:
30-35% of the income difference between the two parties for alimony that is not reimbursement based.
All alimony terminates on the:
death of either party or the remarriage of the recipient. Also terminates when the payor reaches full retirement age.
General term alimony will be cut off when:
the recipient party cohabitates with another person.
In MA, all property held by the spouses in joint or individual name is:
subject to the oversight and jurisdiction of the court.
The court has discretion to distribute assets in divorce and will use the following factors:
1. Age, health, earning capacity
2. Who brought what assets into the marriage
3. Duration of the marriage
4. Present and future needs of dependent children
5. Court may consider contribution of each party to increasing the value of marital property
6. Contribution made as a homemaker.
Marital property also includes future interests as long as they are vested, such as:
pension plan, stock options, etc.
In MA, the children of a marrried mother are:
presumed to be the biological offspring of the husband.
Children born o an unwed mother are called:
Declaratory judgment is needed in order to test a man to decide:
whether the man is the father of the child, will include a mandatory blood test.
A support order is a declaration of the court requiring the father to:
make child support payments.
Both parents owe their children a duty of economic support through age ____. THis can be extended through age _______ if child lives at home and remains dependent on child. This can be extended through age ______ if the child is in school, up until child obtains a bachelor's degree.
If the parents of a child make over 250K a yar, the court has:
discretion over the amount of child support.
The presumptive minimum amount of child support is _______ per month.
Child support will be modified with a:
material change in circumstances.
A failure to pay child support may result in:
1. Wage reduction order
2. Court sale of debtor's assets
3. Hold parent in contempt of court
The two types of custody are:
The standard that governs child custody disputes are:
the best interests of the child.
Violations of custody agreements will lead to:
contempt of court.
Visitations may be supervised in order:
to allow non-custodial parents to visit the children.
A de facto parent is a person who has participated in the child's life as a member of the child's family and:
resides with the child with the consent and encouragement of the legal parent.
De facto parents had standing to ask for:
custody or visitation, although there is a presumption of custody in favor of the biological parent.
In MA, grandparents have the right to visit their grandchildren if:
they can prove that denying visitation would cause significant harm to the child
To adopt a child:
there must be consent from all the necessary parties.
If a married couple has a child that belongs only to one parent:
adoption is automatic in MA.
Vetoing a minor child adoption can be done by:
1. Biological parental consent. Consent is not necessary if the parents are guilty of abandonment, abuse, or neglect.
If the adoptee is an adult:
you need only the adoptee's permission.
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