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43 Cards in this Set
- Front
- Back
What are requirements for a prenuptial agreement?
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1) Must be in writing
2) Must have gotten married with no cancellation of wedding 3) Can't be product of duress 4) Can't be unconscionable |
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How much consideration is required for a prenuptial agreement?
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NONE!
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What are requirements for marriage?
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1) Capacity
2) License 3) Ceremony 4) Witness 5) Exchange of Promises |
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What's the curing statute for marriages provide?
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A defect in license/authority of marriage is fine if wedding was done in good faith
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What are the reasons for a void marriage? (3)
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1) Bigamy
2) Incest 3) Parties underage |
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What are rules in regard to age for marriage?
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1) 18 years old to get married,
2) 16 or 17 year old can get married if consent of one parent 3) Someone under 16 if pregnant who proposes to father with consent of a parent |
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What are voidable marriages? (8)
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1) Lack of mental capacity
2) Duress 3) Fraud 4) Misrepresentation about procreation 5) Misrepresentation about ability to have sex (Incurable impotency) 6) Felony without other party knowing 7) Wife pregnant of another man and did not tell husband (or husband fathered another child) 8) Wife was a whore and did not disclose |
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How does a VA court have SMJ over a divorce?
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1)One spouse domiciled in Virginia +
2) resided in Virginia for 6 months proceeding action |
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How does a VA court have long-arm personal jurisdiction over divorce?
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1) Child conceived in Virginia
2) Execute minor custody agreement 3) Militarily station in Virginia |
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What's a divorce a mensa et thoro
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Legal Separation
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What's a divorce from bed and board (legal separation called?)
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Divorce a mensa et thoro
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What's a divorce a vinculo matrimonii?
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A Full divorce from the bonds of marriage?
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What's a full divorce called in Virginia?
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Divorce a vinculo matrimonii
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What are the 3 reasons for a fault divorce?
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1) Clear and convincing evidence of adultery, sodomy, or buggery
2) Conviction of a felony 3) Cruelty or desertion |
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What is cruelty in Virginia?
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Behavior that poses danger to life or health of victimized spouse
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What are requirements for desertion for divorce?
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1) Unjustified departure
2) No consent 3) With intent to desert |
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What are the affirmative defenses to a fault divorce? (5)
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1) Condonation
2) Connivance 3) Dirty Hands 4) Recrimination 5) For Adultery et al parties cohabited for 5 years after knowledge |
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What is required to prove a fault divorce?
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Corroboration of some kind
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At what period of time do you measure whether property is marital or separate?
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When it is ACQUIRED
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What is separate property? (4)
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1) Property acquired BEFORE marriage
2) Property acquired during marriage by bequest, descend, survivorship, or inter vivos gift 3) Proceeds from a sale or exchange of property 4) Property acquired AFTER divorce |
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What is marital property?
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All property acquired while marriage is in existance (except what is listed as separate property)
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What's the goal in distributing marital property?
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equitable distribution
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What are factors to be considered in dividing up marital property?
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1) Age and health
2) MEdical Problems 3) Duration of marriage 4) Incidences that led to divorce 5) How/when assets acquired and their liquidity 6) Tax Consequences 7) Debt allocation 8) Pre-Nuptial agreement |
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What CANNOT be considered in distribution of property?
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ALIMONY
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How do you rebut 50/50 presumption in division of marital property?
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YOU CAN'T BECAUSE THERE IS NO SUCH THING.
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What is pre-divorce alimony called?
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pendente lite
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When will alimony not be approved?
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1) Void Marriage
2) Adultery, unless substantial injustice |
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What factors are to be determining alimony?
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1) Job
2) Age 3) Skill 4) Educational Attainment 5) Property 6) Fault |
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How is alimony changed?
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1) Showing bona fide change of circumstances
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What effect does cohabitation have on alimony?
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Only a factor in modifying alimony if after a year
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What is effect of marriage on paternity?
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It is a VERY STRONG presumption of paternity even if marry after conception
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What does Virginia have jurisdiction to make custody determination?
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1) VA made initial order involving custody (Continuing and Exclusive Jurisdiction)
2) VA is home state of child 3) No other state has home state jurisdiction AND child and at least one parent have 1) Substantial connection with VA and 2) Substantial Evidence is in VA |
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'What is the "home state of a child" (2)?
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1) State where child resides and has lived there for 6 months
OR 2)Parent still lives in Virginia without child |
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What standard governs child custody?
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Best interests of child
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What effect of custody battle between parent and non-parent?
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There is a STRONG PRESUMPTION the best interests of the child is to live with a parent
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What are responsibilities of a custodial parent who wants to move?
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1) Notice to court 30 days before move
2) Move must be in best interest of child |
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When can a child be emancipated?
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1) Child reaches 16 AND
A) MARRIED b) active duty military c) Moved out with consent of parents and can support oneself |
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What are the rules regarding grandparents visitation?
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1) Best interests of child
2) UNLESS biological parents say no, then grandparents need to show denial of visitation would cause SERIOUS DETRIMENT to child |
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What can child support be modified?
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1) Material change of circumstances
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What happens if supporting parent starts making a lot more money?
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Can be ordered to pay more even if child's needs are met
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What is effect of custodial parent getting remarried and having a new family for child support purposes
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NOT A MATERIAL CHANGE OF CIRCUMSTANCES
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What is generally necessary for adoption?
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1) Consent of parents -- if biological parent must be done 10 days after birth
2) Consent dispensed |
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When is consent dispensable?
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1) Clear and convincing evidence of NEGLECT, abuse, or abandonment
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