Issues involving domestic relations. The court may hear only cases involving marriage & the dissolution of marriage.
Refers to the legal union of a man & woman as husband & wife. It is legal contract, binding upon both parties until death of 1 party or until the contract is legally dissolved.
State of marriage.
Person joined in marriage. Legal rights, protection of property, provisions for financial or material maintenance or support, during the term of marriage & afterwards, & rights of inheritance of personal & real property.
The right of 1 spouse to use & enjoy the other's property.
Both spouses agree to uphold specific rights & duties in relation to each other. Ex: companionship, love, affection, assistance, comfort, cooperation & sexual relations.
loss of consortium
Loss of such duties that spouses agree to uphold.
n. The crime of marrying any other person while having a legal spouse living.
soleminize or ceremonial marriage
Joining the 2 parties together in front of witnesses by performing a formal ceremony officiated by a designated authority.
solmnization of marriage
Performance of the ceremony itself.
Formal state authorization allowing the couple to marry.
Proof that the marriage has been formally solemnized. Signed by the person wh9o performed the marriage, spouses & witnesses.
A contract that establishes financial & property arrangements between the spouses during the marriage or in the event of divorce or death.
prenuptial agreement or antenuptial agreement
Prior to marriage.
An agreement about property and income developed after marriage.
A marriage that hasn't been solemnized through formal ceremony. Most states don't recognize these marriages but where they are they are treated like a real marriage.
Three conditions for common-law
1) Must live together-- cohabitation (2) Must verbally affirm to each other that they're married (3) must present themselves to the community as husband & wife
Court order or decree, declaring that no valid marriage existed.
Six primary grounds for annulment
1) Duress (2) Fraud (3) Incurable venereal disease (4) Mental illness (5) Physical incapacity (6) Bigamy
separation or divorce from bed & board
Court order that doesn't terminate the marriage contract, but formally recongnizes and end to cohabitation & determines issues relating to property, support, & children.
A decree or by filing document with the court. Many states require separation for a specified period of time before certain divorce actions can be initiated.
divorce or dissolution of marriage
Formal termination of a marriage contract.
Divorce may be granted on 8 grounds
1) Fraud (2) Duress (3) Adultery (4) Cruelty (5) Desertion (6) Alchol or drug addiction (7) Failure to provide support (8) Felony conviction of 1 spouse
Pregnancy by another person & not the husband.
Intimate relations with another person other than the spouse.
Infliction of physical or mental pain or distress.
A willful, permanent departure of 1 spouse without the consent of the other, without having been wronged by the other.
absolute divorce or divorce avinculo matrimonii
A decree that dissolves the marriage contract due to the misconduct described above.
There was an express or implied forgiveness by the innocent spouse of the marital fault committed by the other spouse.
The defendant may agrue that the spouse initationg the action forgave the conduct introduced as grounds for divorce.
To counter one accusation with another.
Allows the dissolution of marriage without introducing fault.
Such discord exists between the spouses that it is impossible for them to live together in a normal marital relationship.
A renewal of friendly relations.
irriconciable differences or irretrievable breakdown of the marriage
Dissention & conflicts of personality that have undermined the marriage relationship beyond reasonable expectation of reconcilliation.
Travel to another state or country where there may be not waiting period or the absense of grounds for divorce as stipulated in the home state.
Payments made regularly to an ex-spouse after divorce. Various factors in determing alimony. Ex: ability to earn money, spouses need for money, accustomed style of living, each spouse's assests & liablities.
Support paid by one half of an unmarried partnership after the relationship ends.
Alimony and/or other support payments past due.
merger in judgement
Payments are cancelled under a seperation agreement and are replaced by an alimony award through court action.
community or marital property
Earnings or property aquired by husband or wife during marriage must be resolved during a divorce proceeding. Gifts & inheritances made to either spouses are usually exempted from community property.
Court procedure dividing up cotenants' interest in real property when the parties do not all voluntarily agree to terminate the co-ownership.
Court-ordered support paid by one spouse to the other who has custody of the children after the parents are separated. The parties may set the am't & subject are subject to court approval.
Synonymous with the legal definition of infant.
Legally identifies the man as the father and his responsibilities toward the child.
paternity suit or affiliation proceeding
A lawsuit filed to determine the father of a child born out of wedlock (and to provide for the support of the child once paternity is determined)
Similarity of human leukocyte antigens in order to determine paternity.
The care, control & daily maintenance of children.
Key issues in resolving custody
Financial, physical, & emotional soundness of the parent seeking custody. Physical well-being of the children. Emotional, social, & economic well-being of the children. Children's own wishes.
Children granted to 1 parent on a short-term basis, pending the outcome of a divorce or seperation action.
the right to spend time with the children at times & places agreed on by the parents or ordered by the court.
The child lives with each parent for part of the year. the parent with whom the child lives with has complete control during that time.
Grants the mother and father equal say in important decision about the child's upbringing, as a means of encouraging both to remain involved in their children's lives.
The parent with whom the child primarily resides.
A woman who agrees to carry the child of another woman or of a man who is married to someone else.
parental kidnapping or child stealing
One parent abducting a child who is in the custody of the other parent & considered a crime.
Bring physical, sexual, verbal, neglect, or emotional harm to a child/ren.
child abuse reporting acts
State statutes legally oblige doctors, social workers, teachers & other health or public officials to repeort suspected incidents.
guardian ad item
Court appointed close relative or public employee to protect the child's interest during litigation or where the parents are deceased or incapacitated,
Jurisidication over matters relating children. They may also place a child in temporary custody of an adult or family unrelated by blood.
All children under the age of majority.
A child who breaks the law.
Child put in foster care.
Placing a child temporarily in the home of an adult or family unrelated by blood to provide care.
Adult providing temporary care to a child.
Legal process in which responsibilities & rights are transferred from the child's biological parents to his/her adoptive parents. The child is legally able to inherit property.
A child may legally enforce a promise to adopt him/her, at least to the degree that inheritance rights are guaranteed by the person who made the promise of adoption.