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    Marriage divorce annulment ppt Marriage divorce annulment ppt Presentation Transcript

    • Unit 1: Marriage/Divorce/ Annulment
    • Think about it…
      • Is marriage necessary in
      • today’s society?
    • The Heart of Family Law
      • Marriage…
        • is at its heart a contract about a man and a woman.
        • Is a personal, social, economic, legal , and often times religious relationship.
      • Stat…
        • More than 90% of all Americans will be married at some time in their lives .
    • Society views marriage as…
      • A private bond between two people
      • A way to:
          • Express commitment
          • Strengthen intimate bonds
          • Gain mutual emotional support
      • A stable structure to raise children
      • A financial partnership
        • Both spouses may work to support the family
        • Husband may support the wife
        • Wife may support the husband
    • What do you think?
      • Find out:
        • How many people will get married, divorced, marry again, and divorce again?
        • How many people will divorce after their third marriage?
        • Why do you think this is?
        • Find a fun fact relating to marriage!
    • Pre-nup
      • What is a pre-nup?
    • Pre-nup
      • Craziest Celebrity Pre-nups
        • Tom Cruise & Katie Holmes
          • Rumors have been flying regarding Tom Cruise and Katie Holmes ’ pre-nup; supposedly, Katie receives $3 million for every year they are married, up to $33 million smackeroos. But after 11 years, a Sunset Provision voids the agreement and Holmes could receive half of Cruise’s bounty. Let’s hope she included a clothing allowance for Suri , because that girl’s got expensive taste! [ MSNBC ]
    • Pre-nup
      • Denise Richards & Charlie Sheen
          • Denise Richards and Charlie Sheen had a spectacularly messy divorce, but thankfully there was a pre-nup to keep it on track. The most interesting part was that Denise was guaranteed a $4 million bonus if the former philanderer ever cheated on her. Making money for being cheated on? Ick. [ Aisle Dash ]
      • Khloe Kardashian & Lamar Odom
        • Khloe asked for $500,000 for each year they’re married, $25K a month in support, the house, a new car at the end of every lease cycle, $5K a month for shopping, $1K a month for beauty care, and season courtside Lakers tickets for her whole family.
    • No Pre-nup?
      • Jessica Simpson did NOT have a pre-nup
        • Nick received $10 million
        • Jessica is engaged again and is not going to have one this time either
    • What If…
      • If you were a celebrity , would you create a pre-nup?
      • If you were marrying a celebrity , would you sign a pre-nup?
    • Marriage Laws
      • Using your netbook, research requirements for getting married in NJ.
      • Use a back channel chat to post your findings.
    • NJ Marriage Laws
      • NJ Marriage Laws handout
        • Available on Moodle
    • Does Common Law Marriage Really Exist?
      • When two people live together as husband and wife for long enough time, some states may recognize their rights as being married even though they never took the steps to become married. (Only recognized in 15 states and D.C.)
      • NJ ended Common law marriage in 1939.
      • Alabama
      • Colorado
      • Georgia (if created before 1/1/97)
      • Idaho (if created before 1/1/96)
      • Iowa
      • Kansas
      • Montana
      • New Hampshire (for inheritance purposes only)
      • Ohio (if created before 10/10/91)
      • Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
      • Pennsylvania (if created before 1/1/05)
      • Rhode Island
      • South Carolina
      • Texas
      • Utah
      • Washington, D.C.
    • Common Law Marriage in PA
      • Pennsylvania is the closest state to us that has Common Law Marriage
      • See Common Law Marriage in PA Handout
        • Available on Moodle
        • Need:
          • “ Present Intent” to marry
          • “ Held themselves out” in the community as husband and wife
    • Bigamy, Polygamy, and Incest… Oh My!!!
      • Bigamy
        • When someone is married to multiple partners. Usually when some of the parties do not know of the multiple marriages.
      • Polygamy
        • When someone is married to multiple partners. Usually when all of the partners know about the multiple marriages.
      • Incest
        • When there is a sexual relationship between two closely related partners (parent/child, Siblings).
      These marriages are VOID!!!
    • Ending a Marriage…
      • There are steps to ending a marriage that must be followed for the agreement to be legally ended.
        • A Legal Marriage
            • Can be ended two ways:
              • Divorce
              • Death of a spouse
        • Void Marriage
            • This is a marriage that legally can not nor ever exist and the state will not allow the marriage and has an interest in ending it, all the parties have to do is walk away like it never happened.
              • Example: Incest/Bigamy/Polygamy
        • Voidable Marriage
            • This is a marriage which has legal issues, but if these issues are over looked it can exist , however, if the parties want to end it they may seek an annulment.
    • Example
      • A person who is so intoxicated at the time of marriage as to be incapable of understanding the nature of the marital contract lacks the capacity to consent, and such a marriage is voidable.
      • *A voidable marriage is valid when entered into and remains completely valid until a party obtains a court order nullifying the relationship.
    • Grounds for Annulment
      • What is an annulment?
        • Ending a voidable marriage; it is as if you were never married.
      • Reasons:
        • Underage – One or both parties were not of the age of consent for the marriage and did not receive parental/judicial consent.
        • Fraud – One or both of the parties misrepresents themselves to the other to induce them into marriage. (A very broad topic…covers many misunderstandings)
        • Coercion – One party uses undue influence or pressure to force the other into marriage.
        • Mental Incapacity – One or both of the parties involved lacks the mental capacity to fully understand the weight and responsibility of marriage.
          • (Britney Spears -- http://www.thesmokinggun.com/archive/britneyannul1.html )
        • Physical Incapacity – Due to some physical handicap a marriage can never be consummated (or someone just says NO).
    • Divorce v. Separation
      • DIVORCE
          • a court order that legally ends a valid marriage
          • Partners may remarry once final
      • SEPARATION
          • Couple may decide to live apart.
            • May be short cooling-off period or permanent
          • Still legally married and can reunite anytime
    • Divorce
      • The legal ending of a valid marriage in the eyes of the law.
      • A divorce may only be granted based on some tangible reason.
    • Divorce Statistics
      • Using your Netbook, find the following answers:
        • State with the lowest divorce rate
        • State with the highest divorce rate
        • Average length of time to get divorced
    • Reasons for Divorce
      • Log on to: http://todaysmeet.com/CivilLaw
        • Post reasons why people get divorced
    • Divorce
      • See “Reasons for Divorce” handout
        • Available on Moodle
        • Click here for document
    • Divorce Statistics
      • Marriage Divorce statistics (in percent)
        • First Marriage 45% to 50% marriages end in divorce
        • Second Marriage 60% to 67% marriages end in divorce
        • Third Marriage 70% to 73% marriages end in divorce
    • 15 Ways to Predict Divorce
      • The Daily Beast.com
        • Article found on Comcast.net
      • Article on Moodle
      • Click here to for document
    • To File for Divorce there are Residency Requirements
      • Each state differs, but each one has a law that says you have to have lived within that state for a certain period of time before you can file for a divorce in the Family Court.
      • New Jersey law:
        • Must be a resident for ONE YEAR!
      • State with the Shortest Residency Requirement:
        • Idaho … 6 weeks
    • Uncontested v. Contested Divorces
      • Uncontested Divorce:
        • A divorce is uncontested when the partners seeking to terminate their marriage agree on each and every item and issue related to the ending of their marriage .
          • This does not necessarily mean that the divorce is amicable, but merely that all disputes between husband and wife were resolved outside of the courtroom.
      • Contested Divorce:
        • A contested divorce is one in which the husband and wife cannot come to an agreement on one or several issues related to the ending of their marriage .
    • Famous Divorces and Filing for Divorce
      • Britney’s Divorce from K-Fed
        • Link to file
      • Sandra Bullock’s Divorce from Jesse James
        • Link to file
      • Divorce Complaint
        • On Moodle
    •  
    • Property Division
      • New Jersey:
        • All property acquired after a couple was together must be divided when the two are divorced
        • Property you owned before the marriage is not subject to division
      • In the case of an uncontested divorce or one that went through mediation, the division of said property is agreed upon by the parties involved.
      • In the case of a contested divorce, the Family Court will divide the property based on what it feels is fair or equitable.
    • Waiting Period for Remarriage
      • Some states place a waiting period for a divorce to become final and won’t allow you to remarry after a divorce until a waiting period has passed.
      • New Jersey:
        • Technically, there is no waiting period, however , you can not apply for a marriage license until the divorce is signed and approved by the courts.
          • Catch:
            • There is a 72 hour waiting period for the correct documents after getting your marriage license before you can legally marry.
      • States with the Longest Waiting Periods:
        • Nebraska, Oklahoma and Wisconsin … 6 months
    • Quick Review
      • Mike had a Camaro when he married Erin. After they got married, they purchased a Shelby GT500.
      • They don’t get along anymore and are getting divorced.
      • What is Mike entitled to? What is Erin entitled to?
    • Alimony
      • What is Alimony?
        • Money paid to an ex-wife or ex-husband after a divorce
        • It covers household, personal, work-related, educational, and recreational expenses.
      • Alimony is based on need and as a result varies from case to case.
      • When deciding alimony, the court considers:
        • The ability of each party to earn money
        • The duration of marriage
        • Lifestyle during the marriage
        • The distribution of your assets and liabilities
        • History of parental responsibilities and future obligations
        • Other logical and pertinent considerations
      • The amount of alimony is left to the discretion of the courts.
      • Tax Deductible 
    • Palimony
      • What is Palimony???
          • http:// www.palimony.com /
      • Using your netbook, research Palimony.
      • In MS Word:
        • Type a one paragraph summary of what it is
        • Type a one paragraph reaction to this law
          • Do YOU think it is fair? Why or why not?
          • Do YOU agree with this law? If so, why? If not, how would you change this law?
          • BE READY TO DEFEND YOUR ANSWERS!!
          • EMAIL IT TO MISS DAILEY!
            • [email_address]
    • Four Corners
      • The next few slides contain statements. Based on YOUR feelings, please select the corner that best suits YOUR feeling toward the statement.
    • Palimony is ridiculous.
    • I can kind of see why Palimony exists…
    • Palimony makes separations easier.