Family Law
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    Family Law Family Law Presentation Transcript

    • Chapter 53: Family Law Business Law Legal, E-Commerce, Ethical, and International Environments
    • Premarriage Issues
      • Promise to Marry
        • 19 th century courts recognized actions for breach of a promise to marry.
      • Today, courts do not recognize this breach.
        • Persons breaking engagement could be responsible for costs incurred.
    • Engagement
      • Fault Rule: If groom breaks engagement, woman keeps ring. If she breaks engagement, she returns ring.
      • Objective Rule : If an engagement is broken off, the prospective bride must return the engagement ring, irrespective as to which party broke off the engagement.
    • Prenuptial Agreements
      • A contract that is entered into prior to marriage.
      • Specifies how property will be distributed up the termination of the marriage either by divorce of death of a spouse.
      • Each party must make full disclosure of all assets and liabilities.
      • Each party should be represented by an attorney.
    • Marriage
      • Legal union between spouses.
      • Confers certain legal rights and duties upon the spouse and the children born of the marriage.
    • Marriage Requirements
      • State law establishes requirements.
      • Most states require that parties be a man and a woman.
      • Must be of certain age, or have parental consent.
      • Marriages between close relatives prohibited.
    • Marriage License
      • State law requires marriage licenses.
        • Obtained at county clerk’s office.
      • Some states require marriage ceremony.
        • After ceremony, license is recorded.
    • Common Law Marriage
      • Type of marriage recognized in some states.
        • No marriage license required
        • Certain requirements must be met
        • Parties must intend to be husband and wife
        • Parties must hold themselves out as husband and wife
    • Parents’ Rights and Duties
      • Parents have obligations to provide food, shelter, clothing, medical care, and other necessities.
      • Must provide these until child is 18 or emancipated.
      • Child neglect if a parent does not provide.
    • Paternity Actions
      • Suit to determine identity of father.
        • Brought by government to get financial assistance payments.
        • Brought by father to establish if he is biological father.
      • Most states presume that the husband of woman who bears a child is the father.
    • Parent’s Liability for Child’s Wrongful Act
      • Parents are not generally liable for child’s negligent acts.
      • Parents are liable if their negligence caused their child’s act.
      • Some states have enacted child liability statutes.
        • Make parents financially liable for intentional torts of child.
    • Adoption
      • Person becomes the legal parent to a child that is not biologically theirs.
      • Can be an agency adoption or an independent adoption.
      • Procedures established by state.
      • Biological parents’ rights are terminated by legal decree or death.
      • Court must formally approve.
    • Agency Adoption
      • Person adopts child from social services organization of the state.
      • May be open-adoption.
        • Biological and adoptive parents introduces before adoption.
        • Some states give visitation rights to biological parents.
      • Requires court approval.
    • Independent Adoption
      • Private arrangement between biological and adoptive parents, usually through an intermediary.
        • Attorney
        • Adoption agency
        • Stepparent adoption
      • Requires court approval.
    • Foster Care
      • Children placed under state care as temporary arrangement.
      • State pays foster parent to care for child.
      • Arrangement terminated when child returned to biological parents or adopted.
    • Marriage Termination
      • Can occur through and annulment or divorce.
      • Annulment can occur when parties lacked capacity or consent. Declaration that marriage never existed.
      • Divorce is an order of the court that marriage is terminated.
    • Divorce
      • Legal proceeding
      • Must file a petition for divorce.
        • Traditionally, had to prove fault.
        • Today, most states are no-fault.
      • Divorce is final when a court orders that the marriage is terminated.
    • Annulment
      • Order of court declaring that marriage did not exist.
      • Certain ground must be asserted.
        • One party lacked the capacity to consent.
        • Duress
        • Fraud
      • Children born of annulled marriage are legitimate.
    • Divorce Proceedings
      • Commenced with filing a petition for divorce.
      • Petition served on other party.
      • Other party has limited time to file an answer.
      • If parties do not reach settlement, case goes to trial.
      • Both parties call witnesses and introduce evidence.
      • Judge issues a decree of divorce.
        • Some states have waiting periods after trial before it is issued.
    • Settlement
      • Termination of marriage could be settled with a settlement.
        • Mediation frequently employed
      • Divorcing parties must sign a settlement agreement.
        • Document states that parties have settled all property rights and other issues.
    • Division of Assets
      • Two types of property:
      • Separate property owned by spouse prior to marriage, as well as inheritance and gifts received during marriage.
        • Each spouse usually is awarded separate property.
      • Marital property acquired during marriage, or separate property which changes title to jointly owned is considered marital asset.
    • Marital Property
      • Some states follow the rule of equitable distribution.
        • Means fair distribution of property to both parties of the divorce.
      • Other states follow the community property rule which means equal distribution of property.
      • Community property means all property acquired during the marriage is divided equally between the individuals.
    • Division of Debts
      • Type of debt and state law determine how they are divided.
      • Debts incurred during marriage for necessities are considered joint marital debts.
      • Spouses are jointly liable for taxes incurred.
    • Spousal Support
      • Spousal support: also called alimony. Money paid by one divorced spouse to another.
        • Can be temporary, rehabilitation, or permanent alimony.
      • Spousal support terminates at death of spouse, remarriage, or if they become self-sufficient.
    • Child Support
      • Payments made by non- custodial parent to help pay for the financial support of his or her children.
      • Duty to pay continues until child reaches the age of majority or is emancipated.
      • Award may be modified based on changed circumstances.
    • Child Custody
      • The awarding of legal custody of a child to a parent.
      • Based on the best interest of the child.
      • Parent awarded custody is the custodial parent and has legal custody .
    • Joint Custody
      • Custody could be joint.
      • Both parents are responsible for making major decisions concerning the child.
      • Sometimes awarded joint physical custody.
        • Child spends certain portion of time being raised by each parent.
    • Visitation Rights
      • If there is no joint custody, the non-custodial parent may have visitation rights.
      • Can order court-supervised visitation.