© 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Eight Family Law.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Chapter Eight

Family Law

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Family Law Issues• divorce

• legal separation

• child custody

• child support

• classification of property

• premarital agreements

• unmarried partners

• paternity

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Terminating a Marriage

• Annulment

• Divorce/Dissolution

• Legal Separation

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Divorce / Dissolution

A divorce or dissolution

action acknowledges that

a valid marriage existed,

but the parties now wish

to end the marital contract.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Legal Separation

A legal separation asks the court to grant the parties something short of a final termination of the marital contract.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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?

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Separate Property

Separate property belongs solely to one party, this includes gifts and inheritances

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Community Property• Community

property is owned jointly by married persons

• Not all states recognize community property

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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.

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Family Law Court Pleadings

Petition

Response

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Motions

• A motion is a request made

to a court.

• For example, a motion could

request temporary support

or a change in custody

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Discovery• Interrogatories

• Deposition

• Request for Production and Inspection of Documents and Things

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

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

Hames/Ekern: Introduction to Law, 3rd edition © 2006 Pearson Education, Upper Saddle River, NJ, 07458. All Rights Reserved.

Family Law Matters and Unmarried Persons

• Single parents

• Uniform Parentage Act

• DNA testing

• Presumptions

• Domestic partners