MBE Family Law - WTF
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___________can challenge a ________________marriage. A court judgment is ______________.
Anyone, void, unnecessary
What are the four ways to end a marriage?
- 1) Annulment
- 2) Divorce (Dissolution)
- 3) Death
- 4) Legal separation
What are some basis for a void marriage?
- Bigamy – one party already married
- Incest or consanguinity - no lineal relationship
- Mental incapacity – one of the parties does not understand the nature of marriage
Only __________ can challenge avoidable marriage. A judicial decree __________to declare a voidable marriage done.
one of the spouses, is required
What are some basis for a voidable marriage?
- Impotence – lack of capacity of one party to enter into intimate relations. (Unless the spouse knew at the time of marriage.)
- Intoxication – must be at the time of the marriage to make it voidable
- Fraud to the essentials of marriage
- Misrepresentation, duress, force
- Lack of intent to be married
A party who seeking a modification in spousal support has the burden of establishing a ________________ change in circumstances.
When is spousal support awarded in a divorce?
Whenever a spouse cannot provide for his own needs with employment
When does a parent's legal obligation to provide child support generally end?
When the child is emancipated or turns 18. In a minority of states, the requirement for child support can extend until the child graduates college.
When do the majority of jurisdictions allow for modification of child support?
When a substantial change in circumstances occurs
A party seeking a modification of child support has the burden of establishing a _____________ change in circumstances.
Substantial / significant
__________________________________ custody: The right of a parent to makeimportant decisions on behalf of a child (e.g., religious, educational, medical decisions).
Legal Note: The presumption in most jurisdictions is that it will be joint decision-making orjoint legal custody.
Under the Adoption and Safe Families Act, a state can move for termination of parental rights when the child has been placed outside of the home, and not with a relative, for _______ of the past _________ months, provided certain reunification attempts have been provided by the state.
15, 22 months
What is the majority standard for determining child custody?
The best interest of the child
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