MBE Family Law - WTF

  1. ___________can challenge a ________________marriage. A court judgment is ______________.
    Anyone, void, unnecessary
  2. What are the four ways to end a marriage?
    • 1) Annulment
    • 2) Divorce (Dissolution)
    • 3) Death
    • 4) Legal separation
  3. 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
  4. Only __________ can challenge avoidable marriage. A judicial decree __________to declare a voidable marriage done.
    one of the spouses, is required
  5. What are some basis for a  voidable marriage?
    • Age
    • 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
  6. A party who seeking a modification in spousal support has the burden of establishing a ________________ change in circumstances.
  7. When is spousal support awarded in a divorce?
    Whenever a spouse cannot provide for his own needs with employment
  8. 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.
  9. When do the majority of jurisdictions allow for modification of child support?
    When a substantial change in circumstances occurs
  10. A party seeking a modification of child support has the burden of establishing a _____________ change in circumstances.
    Substantial / significant
  11. __________________________________ 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.
  12. 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
  13. What is the majority standard for determining child custody?
    The best interest of the child
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MBE Family Law - WTF
MBE Bar Review Themis WTF