Chapter Eight Family Law. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights.

Chapter Eight

Family Law

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



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



Terminating a Marriage

Annulment

Divorce/Dissolution

Legal Separation



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.



Divorce / Dissolution

A divorce or dissolution action

acknowledges that a valid marriage

existed, but the parties now wish to end

the marital contract.



Legal Separation

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



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



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



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?



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.



Separate Property

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



Community Property

Community property is owned jointly by married persons

Not all states recognize community property



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.



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.



Family Law Court Pleadings

Petition

Response



Motions

A motion is a request made to a court.

For example, a motion could request

temporary support or a change in custody



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



Discovery Interrogatories Deposition Request for Production and

Inspection of Documents and Things



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



Family Law Matters and Unmarried Persons

Single parents

Uniform Parentage Act

DNA testing

Presumptions

Domestic partners