Covenant marriage is a type of divorce reform to make marriage more meaningful. Specifically in louisiana, arizona and wisconsin.
True
There are grounds that need to be alleged in a no-fault divorce state.
Yes, irretrievable breakdown, conviction, 2 year insanity and impotence.
Elements of common law marriage
capacity, cohabilitation, intent, holding out as husband and wife, and together for a certain period of time
Heart balm acts
when someone breaches their promise to marry. its what determines the ring to be a conditional gift
Can you marry your cousin in indiana
second cousins and first cousins as long as your over 65 to reassure no procreation.
one change in society that has impacted family law
family dynamics; traditional v. non-traditional families
difference between legal seperation and divorce
legal seperation you re still legally married but are living seperately
void marriage
was invalid at the time of marriage, ex: mrrying a close relative
voidable marriage
one that is invalid but still remains until the court terminates it, ex:such as marrying someone who isnt of age
historical grounds for divorce
adultery, abuse and desertion
2 legal benefits of marriage
communication privileges and health benefits
There are a few circumstances where a non lawyer may represent someone in a hearing.
True. Administrative court or immigration court
paralegals may sign legal documents submitted to the court
false
when can a law firm bill a divorce on a contingent fee basis
never for divorce. theory is it would push client to get more than whats rightfully theirs
two potential punishments for paralegals facing unethical conduct
losing their job abd may be sued civily or criminally
what is padding as it refers to the law firm
padding is when one lies about how much time it takes to complete a project and increases the amount of billable hours.
what consitutes the practice of law
giving legal advice, preparing documents, and representing someone in court
what must a paralegal never do
establish atty/client relationship, set fees and represent someone in court
what are some ethical issues involving unbundled legal services
a client may have higher expectations for the atty to do more than they were asked. another issue is that the client doesnt have the legal knowledge to complete everything which could lead to them doing more harm than good.
can a paralegal relay legal advice to a client
yes, but only if they make it clear that you are relaying exactly what the attorney said and are not giving the advice yourself and identify yourself as a paralegal.
what is a release
a document that a client signs giving permission for the atty to obtain records
why is a release important
without it information cannot be gotten
techniques for developing good listening skills
be aware of body language, use active listening
what is a retainer agreement
a contract that the client pays a certain amount of money to obtain legal services. the client should fully understand things such as fees and when payments are due
what does representing a plaintiff mean?
the plaintiff is the one who files for the divorce. you are gathering all the information from the plaintiff and filing everything
what does representing a defendant mean?
they def. is the one on the recieving end. you are getting the paperwork, responding to the complaint and often dealing with a more hostile client
Indianas grounds for divorce
irretrieveable breakdown-no fault
what is the purpose of marriage
historically reproduction, socialization, stability and emotional and financial support
Marriage prohibitions
same sex, family member
void an initio
void from the beginning
marriage license
issued by the clerk so you can get married
marriage certificate
offical document to certify marriage
ways to terminate a marriage
divorce
anullment
legal seperating
what is divorce
complete legal severance of the marriage by the state
anullment
determines there was no marriage
civil and religious annullments
never a valid marriage to begin with
Consequences for attorneys
disciplinary commission
suspended
disbarred
consequences for paralegals
may lose job
may be sued civily or criminally
2 exceptions to confidentiality
1)client gives consent
2)in order to prevent bosily harm or death
Confidentialyity beyond the office
atty/client priviledge
work product doctrine
purpose of confidentiality
contributes to the trust of the relationship and lawyer needs information to represent the client effectively
conflict of interest
when an atty cannot meet standards requires by a fiduciary
theory of conflict of interest
cannot serve 2 masters
conflict of interest example
multiple representation
former client, current opponent
sexual relations
money to clients
gifts to clients
what is pro se
representing yourself without the help of an atty
what is pro hac vice
stands for "this one occassion"
where an out of state lawyer may practice law in another state for that one purpose
types of family contracts
pre nuptial
annuptial
premarital
post nuptial
cohabitation
purpose of the client interview
establish relationship
determine scope and fees
opportunity to meet
obtain info
before marriage contracts
antenuptial
premarital
prenuptial
after marriage contracts
post nuptial
never married contracts
cohabitation agreement
who are marital agreements good for
people who have been married more than once
people who have money
UPAA
uniform premarital agreement act
agreement made in contemplation of marriage
does indiana have the UPAA
yes
purpose of marital agreements
protect children of previous marriages
protect assets gained before and after marriage
establish rights and expectations of parties
historial views of marriage agreements
typically rich older man with much younger woman
unenforceable provisions to UPAA
child custody
child support
illegal provisions
against public policy
what is palimony
alimony for cohabitants
not allowed in Indiana
state arguments for same sex marriage
violates the rights of the constitutions
Marvin v. Marvin
recovered enough to learn new skills to get a job
express contract
federal arguments for same sex marriage
established clause for 1st amendment (supporting christianity)
fundamental right (loving v Virginia-marry based on race)
Loving v Virginia case facts
made it possible to marry someone of a different race
What is the Full Faith and Credit Clause
where states can make their own and regulate other state laws
what is DOMA
Defense of Marriage Act
created by congress to remove the full faith and credit clause
will same sex marriage ever get rights on a federal level
no
which state is the first state to recognize same sex marriage