Let's Get Married
What age requires parental consent to get married in Missouri?
- if you are 16 or 17 years old must get parental consent from 1 parent to marry
What case established the right to be heard to establish parentage and a right to determine fitness before the state could take the kid away?
Stanley v Illinois
In MO, if you plead No fault with a Hedge, what do you have to say about the marriage?
- the marriage is "irretrievably broken"
what standard does MO courts use to determine custody?
Best interest of the child
Fault must be egregious to factor in --and must plead fault grounds.
note: economic fault always matters.
What are the magic words to allege fraud in a marriage?
"Fraud must got to the very essence of the marital relationship"
What is the Biology Plus Doctrine?
A biological relationship alone does not warrant a constitutional protection. the Dad must actual perform as the father and develop a substantial relationship with the child in order to get substantial protections under the DPC
In Kansas, how does the court characterize appreciation in value of separate assets?
- it does not. There is no separate assets in KS. All assets are fair game
What does it mean when mom has legal custody and both parents have joint physical custody?
- mom gets to make the decisions regarding the health and general welfare of kid. but the kids spends nights at both parent's houses.
In KS, what are the requirements for the court to recognize Common law marriage?
- ct will recognize it if the parties are 18+
- parties consider themselves to be married
-parties publicly hold themselves out to be married
- are legally eligible to marry
What is the Majority's evidence standard for proof of a common law marriage?
- clear and convincing evidence
In MO, if the kid has no presumed dad then what are the time limits for the dad to establish parentage ?
-once the kid turns 18 then the dad is barred from establishing parentage over the kid
What are the 5 factors MO courts use to equitably distribute marital property and marital debts?
1) economic circumstances of each spouse
2) contributions of each spouse to the acquisition of marital property (including being the homemaker)
3) value of the nonmarital prop set apart to each spouse
4) the CONDUCT of parties during marriage
5) custodial arrangements of minor kids
if 1 parent gets sole physical custody then what does that mean for the other parent
- they are entitled to reasonable visitation rights unless the court finds it would endanger the kid or be bad for their health
What factors does MO courts use to determine alimony?
1) financial resources
2) time needed to get job
3) comparative earning capacity
4) standard of living established during marriage
5) obligations and assets
6) duration of marraige
7)age, physical, and emotional condition
8) ability of paying spouse to meet own needs
9) conduct during mrriage
10) any other relevant factors
What are the elements of a common law marriage
- all the things required for any marriage
-holding themselves out to be married
-mutual intention to be married
-living together (Sometimes an element)
how does a dad in Kansas establish parentage
the man notoriously OR in writing recognizes paternity of the child
In MO, How does the court characterize the appreciation of separate assets?
- Source of Funds Rule
1) if the parents are divorced
2) the grandparents child died
3) the child has lived w the grandparents for 6 months in the past 2 years
Under the UMDA appraoch to determining alimony. how does the court decision spousal need ie. what findings are required?
1) does the spouse lack sufficent property to provide for REASONABLE NEEDS; and
2) is unable to support self thru appropriate employment or is the custodian of the kid whose circumstnaces make it approrpiate that the custodian not be required to work
-it provides the fundamental right to marriage
1) Voluntary acknowledgment of paternity
2) Putative father registries (registration for notification)
In community property states how does the court determine the appreciation of separate assets?
- Inception of Title Method
- Transmutation of Property
What are the 5 factors the court uses to see if equal custody is appropriate ?
1) wishes of parents and proposed parenting plan
2) ability / willingness to perform their functions as mom and dad for kid
3) interaction of the kid with parents, siblings or any other person who may signfigantly affect the BIOC
4) which parent is likely to allow the kid frequent and continuing contact w other parent
5) kid's adjustment to kid's home, school, community
If you are under the age of 18 in MO but want to get married, what do you need to do?
- get swarn testimony of 1 parent to get the marriage authroized
-provide proof of age to the recorder