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Chapter Eight

Chapter Eight. Family Law . divorce legal separation child custody child support classification of property. premarital agreements unmarried partners paternity. Family Law Issues. Prenuptial Agreements. An agreement entered into before a couple marries

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Chapter Eight

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  1. Chapter Eight Family Law

  2. divorce legal separation child custody child support classification of property premarital agreements unmarried partners paternity Family Law Issues

  3. Prenuptial Agreements An agreement entered into before a couple marries It may explain how the property belonging to each prospective spouse is to be characterized or distributed upon death or dissolution/divorce

  4. Terminating a Marriage • Annulment • Divorce/Dissolution • Legal Separation

  5. Nullity • An annulment or nullity proceeding is used to obtain a court declaration that no legal marriage ever existed. • A court may find the marriage void or voidable.

  6. Divorce / Dissolution A divorce or dissolution action acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.

  7. Legal Separation A legal separation asks the court to grant the parties something short of a final termination of the marital contract.

  8. Child Custody • Child custody decisions are always designed to be in the best interest of the child • Courts determine which spouse will have custody of a child

  9. Child Support • the court may award child support • these awards are designed to ensure that housing, food, and clothing - the necessities of daily living - are available for children

  10. McCord v. McCord • Issue 1: Did the court err when it ordered payment of medical expenses? • Issue 2: Were there changed circumstances? • Issue 3: Was the father voluntarily unemployed?

  11. Spousal Support Spousal support awards are designed to ensure that housing, food, and clothing (the necessities of daily living) are available for a spouse who is unable to earn an adequate living.

  12. Separate Property Separate property belongs solely to one party, this includes gifts and inheritances

  13. Community Property • Community property is owned jointly by married persons • Not all states recognize community property

  14. Quasi-Community Property This is property that would be considered community property if it had been acquired while the married couple were living in a community property state.

  15. Value and Division of Property Once a court determines the value of property and has characterized it as separate or community, it will divide the property according to state law.

  16. Family Law Court Pleadings Petition Response

  17. Motions • A motion is a request made to a court. • For example, a motion could request temporary support or a change in custody

  18. Orders • Courts often make certain rulings, these rulings are referred to as orders • For example, a court may make certain orders regarding child custody or child support • Temporary orders are sometimes entered, these orders might include temporary custody orders or temporary restraining orders

  19. Interrogatories Deposition Request for Production and Inspection of Documents and Things Discovery

  20. Settlement and Trial • Mediation: an informal, out-of-court dispute resolution process • Conciliation: settlement of disputes in a nonadversarial manner • Trial: open court process where all parties present evidence, question witnesses and generally put their case before the court

  21. Family Law Matters and Unmarried Persons • Single parents • Uniform Parentage Act • DNA testing • Presumptions • Domestic partners

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