This document provides an overview of family law and related topics including marriage, divorce, child custody, support, and property division. It defines key concepts in family law such as marital duties, parental rights and obligations, and different types of marriage termination including annulment and divorce. The document also discusses topics like adoption, common law marriage, and how property is divided during and after marriage.

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The Mandel Law Firm

2. Introduction
The legal relationships of people within a family are
governed by family law
Family law governs dissolution of families through divorce,
which is a major area of work for paralegals
Whether property is distributed before or during a marriage,
or when one ends, property must be transferred when a
person dies
Wills and trusts are often used to transfer a person’s real
and personal property, or estate, after death
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3. Family Law
• Marriage and divorce
• Adoption
• Child support and custody
• Child and spousal abuse
• Parental rights and duties
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4. Marriage Requirements
– Two persons
– Currently unmarried
– Not closely related by blood
– Over a certain age
• Usually 18 years old
• Exception: emancipated persons
Cont.
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5. Marriage Requirements
– Procedural requirements
• Marriage license
• Blood test
• Waiting period
• Marriage ceremony
• Marriage license must be recorded
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6. Common Law Marriages
– Parties become married solely by mutual
consent and without license or ceremony
– Four general requirements
• Must be eligible to marry
• Must have present and continuing intention and
agreement to be a married couple
• Must live together as a married couple
• Must hold themselves out to the public as a
married couple
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7. Family Law
• Marital Duties
– Previously, marriages were private contracts
arranged between families
– Now, marriage contracts are governed by the
state
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8. Family Law
• Marital Duties
– Financial support
• One spouse has duty to support other spouse and
children
• Food, shelter, medical care
– Spousal abuse
• Restraining order
– Domestic abuse
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9. Family Law
• Parental Rights and Obligations
– Direct the upbringing of their children
– Parents have control over
• Where children live
• What school children attend
• What religion children practice
• What medical care children are given
• Behavior of their children
• Punishment of their children
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10. Family Law
• Parental Rights and Obligations
– Must provide
• Food
• Shelter
• Clothing
• Medical care
• Schooling
– These duties generally end when child is 18
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11. Family Law
• Parental Rights and Obligations
– Liability for children’s wrongful acts
• State laws vary considerably
– Child abuse and neglect
• In loco parentis
– Children born out of wedlock
• Law provides rights and protections for these
children
• Paternity suits
• Inheritance rights
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12. Family Law
• Adoption
– Procedure in which persons become legal
parents of a child who is not their biological
child
– Not to be confused with foster care, which is
temporary
– Requirements for adoptions
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13. Family Law
• Adoption
– Agency adoptions
– Independent adoptions
– Stepparent adoptions
– Surrogacy
– Court approval and probation
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14. Family Law
• Marriage Termination
– Annulment
• Court decree that invalidates a marriage
• Children born during the marriage are considered
legitimate
• May be based on various grounds
– Lack of genuine consent
– Fraud
– Bigamy
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15. Family Law
• Marriage Termination
– Divorce
• Formal court proceeding legally dissolves a
marriage
• Fault-based versus no-fault divorces
– Irreconcilable differences
– Living separately for a period of time specified by state
statute
– Incompatibility
• Divorce procedures
– Petition for divorce
• Negotiation and mediation
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16. Family Law
• Child Custody
– Typically the most contentious issue in a
divorce
– Court may appoint a guardian ad litem
– Factors considered in determining child
custody
– Types of custodial arrangements
• Legal custody
• Joint custody
– Visitation rights
• Right to have contact with the child
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17. Family Law
• Child Support
– Court makes provision for child support,
regardless of custody arrangements
– Financial support for child’s needs
– States have standardized guidelines, often
percentage formulas based on parental
income
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18. Family Law
• Child Support
– Withholding payment
– Interstate enforcement of child-support
decrees
• Uniform Interstate Family Support Act
• Every state agrees to enforce orders
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19. Family Law
• Spousal Support
– Alimony, or maintenance
– Financial support paid to a former spouse
– Permanent or temporary
– Rehabilitative alimony
• Education
• Training
– Palimony
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20. Family Law
• Property Division
– Marital property
• All property acquired during the course of a
marriage
– Separate property
• Property that a spouse owned before the marriage,
plus inheritances and gifts acquired during the
marriage
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21. Family Law
• Property Division
– Pension benefits
– Community property
• All property acquired during the marriage
– Common law marital property
• Equitable distribution
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22. The best way to get guidance on your specific
legal issue is to contact a lawyer. To schedule
a meeting with an attorney, please call or
complete the intake form below.
Contact Information
370 Lexington Avenue, Suite 505
New York, NY 10017
646.770.3868
info@mandellawfirm.com
Contact The Mandel Law Firm.L.P.