introduction to family law and practice
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Created by:
josefagomes on March 6, 2010
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26 terms
Terms | Definitions |
|---|---|
 AFFINITY | marriage between family members related by blood |
| ANNULMENT | Marriage invalidated retroactively, canceled, as if never happened. Granted in relation to a voidable or void marriage. Voidable (it lacks an element - such as lying about being sterile); void marriage (already being married to someone else) |
| BIGAMY | the offense of marrying someone while you have a living spouse from whom no valid divorce has occurred |
| CHILD SUPPORT ENFORCEMENT AMENDMENTS | to enable mothers to collect child support and ease the social welfare burden on taxpayers |
| CIVIL UNIONS | Legally recognized unions explicitly intended to offer similar state-provided legal rights and benefits as marriage. |
| COMMON LAW MARRIAGE | No marriage license or ceremony; living together with the intent to be H & W |
| CONSANGUINITY | related by blood |
| COVENANT MARRIAGE | is the response to the rising divorce rate in the united states as a result of changes from fault to no fault divorces. |
| DEFENSE OF marriage act (doma) | clinton signed the into law in response to attempts the part of gay rights activist to recognize same sex marriage |
| DISSOLUTION OF MARRIAGE | 1. The termination of a marriage, whether by annulment, divorce a vinculo, or no-fault divorce. 2. A term for divorce in some no-fault states. |
| DOMESTIC PARTNERSHIPS | unmarried couples live together, sexually intimate, and are granted the same rights as married heterosexual couples |
| EMANCIPATION | freeing someone from the control of another; especially a parent's relinquishing authority and control over a minor child |
| LEGAL SEPARATION | one spouse sues the other and asks for; a) judicial permission to live separate and apart; PLUS b) and some sort of collateral remedy. Leaves parties married - does not terminate the marriage. NO JURY: Action is tried to the court. Temporary or permanent separation. Grounds: 1) Cruel and inhuman treatment; 2) Abandonment; 3) adultery; 4) ≥3 years of consecutive imprisonment; ) Failure to support - Get separation + support |
| MARRIAGE CERTIFICATE | A certificate that evidences a marriage, prepared by the person officiating at the ceremony and usually required by state law. |
| MARRIAGE LICENSE | a license authorizing a man and a woman to marry |
| MIGRATORY DIVORCES | Divorce obtained when party travels to another state, establishes dominicile (like Nevada) and divorces there. Quickie divorce. |
| NO-FAULT DIVORCED | THE GROUND DID NOT PLACE FAULT FOR THE BREAKDOWN ON EITHER PARTY |
| POLYGAMY | having more than one spouse at a time |
| PUTATIVE SPOUSE | second spouse is referred to |
| SEPARATE MAINTENANCE | court-ordered spousal support while the spouses are separated. |
| SHAM OR GREEN CARD MARRIAGE | citizen agreed to marriage for monetary compensation sometimes they never met the person until the day of the ceremony. |
| SIMPLIFIED DIVORCE PROCEDURE | anotherform of low cost divorce enacted by number of state |
| SUMMARY DISSOLUTION OF MARIAGE | all that is required in these jurisdictions if you meet the requirements is the filing of official documents with the appropriate court without assistance of attorney |
| VOID AB INITIO | or from inception |
| VOID MARRIAGE | marriage that is invalid from its inception and can never be valid |
| VOIDABLE MARRIAGE | marriage that is invalid at its inception but either may be accepted by the parties at a later time and continue as valid or rejected by the parties and declared void by the court |
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