Power Point Ch. 8

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Chapter Eight
Family Law
Family Law Issues
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divorce
legal separation
child custody
child support
classification of
property
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premarital
agreements
unmarried
partners
paternity
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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
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Terminating a Marriage
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Annulment
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Divorce/Dissolution
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Legal Separation
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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.
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Divorce / Dissolution
A divorce or dissolution action
acknowledges that a valid marriage
existed, but the parties now wish to end
the marital contract.
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Legal Separation
A legal separation asks the court to
grant the parties something short of
a final termination of the marital
contract.
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Child Custody
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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
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
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
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
McCord v. McCord
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Issue 1: Did the court err when it ordered
payment of medical expenses?
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Issue 2: Were there changed circumstances?
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Issue 3: Was the father voluntarily unemployed?
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
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.
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Separate Property
Separate property belongs
solely to one party, this
includes gifts and inheritances
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Community Property
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Community property is owned jointly
by married persons
Not all states recognize community
property
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
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.
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Upper Saddle River, NJ 07458. • All Rights Reserved.
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.
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Family Law Court Pleadings
Petition
Response
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Motions
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A motion is a request made to a court.
For example, a motion could request
temporary support or a change in custody
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Orders
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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
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Discovery
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Interrogatories
Deposition
Request for Production and
Inspection of Documents and
Things
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Settlement and Trial
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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
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Family Law Matters and Unmarried
Persons
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Single parents
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Uniform Parentage Act
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DNA testing
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Presumptions
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Domestic partners
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
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