Love and Marriage, Love and Marriage, Go Together Like a Horse and Carriage...
Taking the "Duh" out of divorce.
"Eddie, I want half!"
Someone to Watch Over Me
It's Every Man, Woman, and Child for Themselves
100
This body of law defines relationships, rights, and duties in the formation, existence, and dissolution of marriage and other family units?
What is family law?
100
True or False. Alimony, child support, and property division payments are all tax deductible payments.
What is False.
100
Alimony or property division. Which one is the amount of money or property paid in fulfillment of a duty to support one's spouse after a separation or divorce?
What is Alimony?
100
True or False. A father who receives child support from the child's mother may chose not to allow visitation if the mother is not current with her child support payments.
What is false. Visitation and child support are not correlative.
100
True or False. Married women do not have the right to own property in their own name and they must take their husbands name upon marriage.
What is false. The Married Women's Property Act gave women the rightt o own and dispose of property in the same manner as men. Women are also not required to take their husbands last name upon marriage.
200
Cohabitation Agreement, Premarital Agreement, and Postnuptial Agreements. Which one is sa contract made by tow peopel who are already married and covers such things as spousal support, property, division, child support and custody, and other related matters?
What is a postnuptial agreement?
200
Name and explain the two different grounds upon which one may get a divorce and explain which one is quicker and why.
What is fault and no fault based divorce. Fault based is quicker.
200
Marital Property or separate property. Which one includes property acquired before the marriage and property that a spouse received during the marriage by will, gift, or intestate succession.
What is separate property?
200
Income shares, percentage-of-obligor income; Melson-Delaware. Which method of calculating child support amounts does Virginia use? Explain your answer AND tell what is Virginia's minimum child support amount.
What is Income Shares. This means the child support payment is proportional to the parent's income. Virginia's minimum child support amount is $65.
200
This is the general age of majority in almost every state.
What is 18.
300
Name at least three (3) requirements for a valid premarital contract.
What is: (1) has to be in writing; (2) person has to have legal capacity to enter into a binding contract; (3) has to be voluntary; (4) no fraud or duress; (5) person has to disclose all assets; (6) has to be fair and not unconscionable (sufficient time to read, no differences in age/education, will spouse become destitute?) (7) public policy; (8) independent counsel.
300
This term is a declaration that a valid marriage never existed.
What is an annulment.
300
What happens to property that is held in joint tenancy upon death? In Virginia, what words must follow this term in order for it to be a true joint tenancy.
What is- it automatically passes to the surviving joint tenant. In Virginia, you must include the words 'with right of survivorship.'
300
Teresa and Bill Hite have one child, Arielle. Arielle was born on March 13, 2000 in Texas, where they all lived since the beginning of 2000. Upon discovering that Bill was having his 3rd affair with Natalie, Terese takes Arielle and the move to Virginia on May 1, 2000. On May 1, 2000 could Bill go to a court in Texas to obtain a custody order? Could Teresa obtain one in Virginia? Will Bill return to the loving arms of Teresa or run and find solace with home wrecker Natalie?
What is: Bill- YES! Teresa- NO! Because Bill has jurisdiction in Texas but Ursula does not have jurisdiction in Virginia. The three different types of jurisdiction are: (1) home state custody (birth state if less than 6 months or whee the child has lived with parent for the pas 6 months); (2) substantial evidence or significant connections; (3) temporary jurisdiction. Remember courts that decide the case originally will have exclusive continuing jurisdiction.
300
Jammin' Jamie Withers is a famous 16 year old rap phenomenon who just purchased a brand new 2013 Jaguar from Ty and Shawn's Jag Emporium. Jammin' J, as she is known, signs the contract in her name alone as the buyer. Unfortunately, her record sales begin slump and Jammin' J can no longer afford her Jag. At the same time, Ty and Shawn are in need of cash. They try to void their contract with Jammin' J to get the car back and re-sell it to someone willing to pay cash for a Jag once owned by Jammin' J. Under these circumstances, can either Jammin' J or Ty and Shawn disavow, or cancel, the contract?
What is Jammin' J alone can cancel the contract. Ty and Shawn cannot. Only minors have the right to void contracts (and only if its before or a reasonable time after they reach the age of majority).
400
True or False. A general restraint on marriage is enforceable. A reasonable limitation on marriage is not enforceable.
What is false. A general restraint on marriage is NOT enforceable. A reasonable limitation on marriage IS enforceable.
400
Explain the difference between void and voidable marriages AND give an example of each.
What is: VOID- a void marriage is automatically invalid with no action required on the part of the parties. Examples include: bigamy, improper relationship and sham marriages. VOIDABLE- one that will remain valid unless and until a party tries to dissolve it. Examples incldue: age, duress, physical capacity, and mental capacity.
400
How much is a spouse entitled to if they live in a community property state?
What is 1/2 or 50%.
400
Under what circumstances may child support orders be modified? Give an example.
What is- When there are significant changed circumtances. For example, when a parent has lost a job, or the needs of the child have changed significantly.
400
DAILY DOUBLE!! DAILY DOUBLE!! Question 1: Can a wife have an abortion without the consent of her husband? Question 2: In Virginia, what are the two ways a minor can achieve an abortion?
What is Yes. A wife can have an abortion without the consent of her husband. And the two ways a minor can achieve an abortion is by getting their parents consent, or getting permission from the court (judicial bypass).
500
Name ALL the requirements that are needed to constitue a valid common law marriage. Does Virginia recognize such marriages?
What is: (1) the parties have to have the legal capacity to marry; (2) the parties must have the intent to marry and an agreement to enter into a marital relationship; (3) parties must actually live together as husband and wife; (4) parties must openly hold themselves out as husband and wife. No, Virginia does not allow common law marriages to form but will recognize VALID common law marriages from other jurisdictions.
500
Joe and Helen are married in Texas. Helen goes to New Mexico and obtains a divorce decree against Joe. Joe knows about the action but does not appear. Helen has never been domiciled in New Mexico and obtains the divorce 1 week after moving there. Joe later married Paulene. When Helen dies, Joe claims part of her estate. His position is that he is her surviving husband because the New Mexico court had no jurisdiction to divorce them, since neither was ever domiciled there. Is he correct? Why or why not?
Ex parte divorces are allwed. The problem here is jurisdiction. At least one (1) party has to have jurisdiction. Helen did not meet jurisdiction for NM. Normally, that would be enough to attach the divorce on the grounds of jurisdiction. However, Joe relied upon the divorce and accepted its benefit (by getting married to Paulene), so he will be estopped from attaching the divorce on jurisdictional grounds now.
500
Bill and Karen obtain a divorce decree that awards Karen $500 a month in alimony "until she dies or remarries." A year after the divorce decree becomes final, Karen marries Paul. Jim stops the alimony payments. A year later, this marriage to Paul is annulled. Karen now wants Jim to resume paying her $500 a month in alimony and pay her $6,000 to cover the period she was 'married' to Paul ($500x12). Name four (4) possible results.
What is: (1) Paul must start paying alimony; (2) Jim resumes paying alimony only from date of alimony; (3) Jim resumes paying alimony AND pays alimony for the time Karen was 'married' to Paul; (4) Karen gets nothing from neither Jim nor Paul.
500
UIFSA (Uniform Interstate Family Support Act) lists seven main ways that a state can aquire personal jurisdiction over a nonresident defendant to make them pay child support. Name three (3) of them.
What is- (1) When defendant is personally served within the state; (2) when defendant submits to the jurisdiction of the state by consent or appearing without waiving; (3) if defendant once lived in the state with the child; (4) if defendant once lived in the state and provided prenatal expenses or support for the child; (5) child resides in the state as a result of the individual's actions; (6) defendant engaged in sexual intercourse in the state and the child may have been conceived by that act of intercourse; (7) the defendant has asserted parentage through the putative father registry. Recall that Virginia is a bit more broader, all that may be necessary in VA is that you have conducted business in VA and that will be enough to gain jurisdiction over you to pay child support.
500
Explain wrongful conception.
What is a parent's action for the negligently caused birth of a healthy child.
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