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Family Law
46 flashcards
Unmarried couples generally have fewer automatic rights than married couples regarding property division, inheritance, benefits etc.
Marriage is a legally recognized union between spouses that grants rights and responsibilities.
The requirements generally include: legal age, mental capacity, consent of both parties, and following proper procedures.
Divorce is the legal dissolution or termination of a marriage.
Common grounds include irreconcilable differences, adultery, cruelty, abandonment, and in some cases no-fault divorce.
Child custody refers to the rights and responsibilities regarding the care, control and maintenance of a child after divorce or separation.
The main types are sole custody (one parent) and joint/shared custody (both parents).
Adoption is the legal process of permanently placing a child with parents other than the birth parents.
Requirements vary but generally include home study, background checks, parenting classes, and court approval.
Parents have legal rights and responsibilities regarding care, custody, discipline, education and decision making for their children.
It is the principle that custody and visitation decisions should be made based primarily on what is best for the child's welfare.
A prenuptial agreement is a contract between prospective spouses regarding asset division and financial matters in case of divorce.
Alimony is a court-ordered financial support paid by one spouse to the other after a divorce.
Legal custody is the right to make major decisions, physical custody is having the child live with you.
Joint legal custody means both parents share the right and responsibility to make major decisions about the child.
In some cases, grandparents may be granted legal rights to visit their grandchildren.
A paternity test uses genetic markers to determine if a man is the biological father of a child.
An open adoption allows contact between the birth parents and the adoptive family.
Step-parent adoption allows the spouse of one parent to legally adopt the child.
Child support is the legal obligation for a parent to provide financial support for their child's living expenses.
It is a law providing rules for determining jurisdiction in custody cases across state lines.
Legal separation is a court order allowing a married couple to live apart while remaining legally married.
An annulment is a legal procedure that retroactively cancels a marriage.
It protects the rights of a spouse who reasonably believed the marriage was valid.
A domestic partnership legally registers a committed relationship between two people.
How assets are divided upon divorce - community property splits everything equally, equitable distribution considers multiple factors.
Parental kidnapping occurs when one parent conceals or takes a child in violation of the other parent's custodial rights.
Contempt occurs when someone willfully violates a court order related to divorce, child custody, support, etc.
Mediation is a process where disputing parties discuss issues and try to reach a voluntary agreement with a neutral third party.
A collaborative divorce involves both spouses and their attorneys working together openly to reach a divorce settlement without litigation.
A guardian ad litem is an advocate appointed by the court to represent the best interests of a child in a case.
A QDRO (Qualified Domestic Relations Order) divides certain retirement accounts during divorce proceedings.
A common-law marriage is recognized in some jurisdictions as a marriage without a ceremony based on the couple's actions and intent.
Kinship care places children with relatives, while foster care places children with non-relatives approved by the state.
It's a legal process where a parent's rights over a child are permanently ended, severing the parent-child relationship.
An area of family law addressing specific legal issues faced by LGBTQ couples and parents.
Marital assets refer to property and finances acquired during the marriage, which may need to be divided upon divorce.
Step-children generally do not have automatic inheritance rights, but may have custodial rights depending on the situation.
An amicable divorce is one in which both parties reach agreements relatively smoothly without excessive conflict.
Imputed income estimates income for someone who is unemployed or underemployed when determining child/spousal support.
Emancipation is the legal process of granting a minor child adult rights and responsibilities before adulthood.
A divorce decree is the final court order or judgment terminating a marriage and resolving related issues.
An ex-parte order is a temporary order issued by a judge without the other party present, often in emergency situations.
Equitable distribution is the process of dividing property (assets and debts) between divorcing spouses fairly but not necessarily equally.
Dissipation refers to one spouse wasting or misusing marital assets for non-marital purposes.
It allows transfer of part of a retirement account to a divorced spouse when dividing marital assets.