Annulment
A marriage is said to be ________ when any interested party can bring suit to annul the marriage at any time, even after the death of one of the parties
What is void?
A contract entered into between two people who are about to get married that covers property division, spousal support and related matters if the parties separate or get divorced
What is a premarital or antenuptial agreement?
A declaration by the Court that a marriage has been dissolved and the parties are no longer married
What is dissolution?
An action for breach of promise to marry
What is a heartbalm action (cannot be brought in Florida)
In Florida, the standard used for determining parental responsibility and timesharing
What is best interest of the child? (NOTE: the preference of the child is only ONE factor and is not a deciding factor; the child can only testify after proper motion and order of the court)
There is no legal presumption of 50/50, but it is awarded most of the time unless there is a reason not to.
A marriage where the right to annul belongs to the innocent party and terminates on the death of either party
What is a voidable marriage?
One of the reasons for entering into premarital agreement
What is parties are older, have substantial assets, want to provide for children from prior marriage-
YOU SHOULD BE PREPARED TO DISCUSS THIS AND WHAT CAN AND CANNOT BE IN A PRENUP
One of the fault grounds for divorce
What is adultery, cruelty, or desertion?
A marriage where the parties do not go through a formal ceremony but are married by virtue of the fact that they hold themselves out as husband and wife and have cohabited for a certain time
What is a common law marriage (Can a couple be common law married in Florida?) NOTE: If parties are common law married, they must still seek a divorce in court before they can legally marry someone else)
Where both parents must consult with each other to make decisions regarding the child's welfare
What is shared parental responsibility?
The court can award sole parental responsibility in certain very limited circumstances and only if shared is detrimental to the child
One of the LEGAL capacity grounds for annulment
What are pre-existing marriage, non-age, physical disability, relation by blood (consanguinity)?
One of the things one would think would be a requirement for a valid prenuptial agreement that is actually NOT a requirement
What are fairness and independent counsel
The pleading that initiates a dissolution of marriage
What is a Petition for Dissolution of Marriage?
One of the damages for breach of promise to marry, if it was allowed
What are loss of financial or social benefits which would have accrued to plaintiff upon marriage, business losses and expenses incurred in preparation for the marriage, as well as loss of plaintiff's health, reputation, social condition and future prospects of marriage (NO SPECIFIC PERFORMANCE)
A person appointed by the Court who assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents.
What is a parenting coordinator?
One of the grounds for annulment relating to intent
Mental incapacity, sham marriage, duress, fraud
Where a reasonable person, based on facts and circumstances, would conclude that the parties had a tacit understanding that they had a contractual relationship even though the terms were never expressly discussed
What is implied contract (based on facts and circumstances)
A quasi contract is a contract implied in LAW to avoid unjust enrichment
YOU SHOULD BE PREPARED TO DISCUSS THE DIFFICULTIES OF COHABITING COUPLES AND THE METHODS OF RECOVERY FOR THEM
Where action for dissolution of marriage has been filed, if a party needs temporary spousal or child support and wants to establish a parenting plan, this is what is requested
What is temporary relief?
Circumstance when marital misconduct can be considered for purposes of equitable distribution or alimony
What is when marital funds were spent on a paramour?
A person appointed by the court to serve as evaluator and investigator (not as an advocate) to make recommendations to the court as to what is in the interest of the child
What is guardian ad litem
In Florida, a marriage between persons, one of whom is married to another (bigamy), is considered to be _______.
What is void?
One of the things that the parties CANNOT agree to in a premarital agreement
What are not to provide support for children, not to get divorced and anything else that is illegal
Where no dissolution action has been filed, but a party needs temporary spousal support, child support or a parenting plan, they request this
What is separate maintenance
Type of jurisdiction the court must have to make an order that binds an individual
What is personal?
The way to describe the time children spend with their parents after they are divorced in Florida
What is timesharing and parenting time?
NOTE: Grandparents have no rights to their grandchildren in Florida, but extended family members can apply to court for temporary custody under Chapter 751.