Chapter Eight Family Law. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights.
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Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2
Family Law Issues divorce legal separation child custody child support classification of
property
premarital agreements
unmarried partners
paternity
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3
Prenuptial Agreements
An agreement entered into before a couple marries
It may explain how the property belonging to each prospective spouse is to be characterized or distributed upon death or dissolution/divorce
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.4
Terminating a Marriage
Annulment
Divorce/Dissolution
Legal Separation
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.5
Nullity
An annulment or nullity proceeding is used to obtain a court declaration that no legal marriage ever existed.
A court may find the marriage void or voidable.
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.6
Divorce / Dissolution
A divorce or dissolution action
acknowledges that a valid marriage
existed, but the parties now wish to end
the marital contract.
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.7
Legal Separation
A legal separation asks the court to grant the parties something short of a final termination of the marital contract.
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.8
Child Custody Child custody decisions are always
designed to be in the best interest of the child
Courts determine which spouse will have custody of a child
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.9
Child Support
the court may award child support these awards are designed to ensure
that housing, food, and clothing - the necessities of daily living - are available for children
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.10
McCord v. McCord
Issue 1: Did the court err when it ordered payment of medical expenses?
Issue 2: Were there changed circumstances?
Issue 3: Was the father voluntarily unemployed?
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.11
Spousal Support
Spousal support awards are designed to
ensure that housing, food, and clothing
(the necessities of daily living) are
available for a spouse who is unable to
earn an adequate living.
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.12
Separate Property
Separate property belongs solely to one party, this includes gifts and inheritances
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.13
Community Property
Community property is owned jointly by married persons
Not all states recognize community property
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.14
Quasi-Community Property
This is property that would be considered community property if it had been acquired while the married couple were living in a community property state.
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.15
Value and Division of Property
Once a court determines the value of property and has characterized it as separate or community, it will divide the property according to state law.
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.16
Family Law Court Pleadings
Petition
Response
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.17
Motions
A motion is a request made to a court.
For example, a motion could request
temporary support or a change in custody
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.18
Orders Courts often make certain rulings, these rulings
are referred to as orders For example, a court may make certain orders
regarding child custody or child support Temporary orders are sometimes entered, these
orders might include temporary custody orders or temporary restraining orders
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.19
Discovery Interrogatories Deposition Request for Production and
Inspection of Documents and Things
Introduction to Law, 4th EditionHames and Ekern
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.20
Settlement and Trial Mediation: an informal, out-of-court
dispute resolution process Conciliation: settlement of disputes in a
nonadversarial manner Trial: open court process where all parties
present evidence, question witnesses and generally put their case before the court
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