Law School Family Law Lectures: Summary, Review and Exam Prep
MARRIAGE & PARTNERSHIPS
Marriage Formation
Requirements: License, age restrictions, consent, solemnization
Common-Law Marriage: Cohabitation + holding out as married + intent
Agreements
Prenuptial: Before marriage, addresses property/support
Postnuptial: During marriage, similar purpose
Enforceability: Voluntary, full disclosure, opportunity for counsel
Limitations: Can't determine child custody/support
Domestic Partnerships
Alternative to marriage with varying recognition
Rights differ by jurisdiction
Cohabitation agreements protect interests
DIVORCE & SEPARATION
Grounds
No-fault: Irretrievable breakdown, irreconcilable differences
Fault-based: Adultery, cruelty, abandonment, etc.
Trend: Moving away from fault-based
Process
Filing petition → Response → Interim orders → Settlement/mediation → Trial
Legal separation: Alternative to divorce, addresses similar issues
Financial Matters
Spousal Support Types:
Permanent/durational: Long-term support
Rehabilitative: Time-limited for skill development
Transitional: Short-term adjustment period
Reimbursement: Repayment for contributions
Property Division Systems:
Community property: Equal division of marital assets
Equitable distribution: Fair but not necessarily equal division
Marital vs. separate property distinction
Commingling: Mixing separate and marital property
Child Support:
Both parents obligated
Calculation models: Income shares or percentage of income
Adjustments for custody arrangements or special needs
Cannot be waived by agreement
Interstate Issues
UIFSA: Ensures consistent enforcement across state lines
Continuing exclusive jurisdiction: One state maintains authority
Modifications
Requires substantial change in circumstances
May involve imputed income
CHILDREN & CUSTODY
"Best Interest of the Child" Standard
Factors: Age, health, bonds, stability, parental fitness, child's preference
Custody Types
Legal: Decision-making authority (joint/sole)
Physical: Living arrangements (joint/primary)
Visitation/parenting time: Regular, supervised, or denied
Parental Rights
Biological parents' rights
Paternity establishment
Rights of unmarried parents
ART implications (donors, surrogates)
Same-Sex Parents
Recognition after marriage equality
Birth certificates and adoption options
Adoption
Terminates biological parental rights
Types: Agency, private, stepparent, international
Interstate: ICPC regulations
International: Hague Convention, re-adoption issues
Evolving Concepts
De facto/psychological parent doctrines
Child's preference (age-dependent)
Open adoption
Relocation considerations
QUICK REFERENCE: KEY TERMINOLOGY
Marriage Terms
Solemnization: Official ceremony
Consanguinity: Blood relationship
Full faith and credit: Recognition across states
Divorce Terms
Transmutation: Change in property character
Interim orders: Temporary arrangements during proceedings
Custody Terms
Parenting coordinator: Mediator for ongoing disputes
Supervised visitation: Monitored parent-child time
Relocation: Moving with child away from other parent
Legal Frameworks
Uniform Parentage Act: Establishes legal parent-child relationships
Hague Adoption Convention: International adoption standards
Modification of Support Orders: Understand the requirements for modifying child support and spousal support orders, including a substantial change in circumstances. Note the concept of imputed income.
III. Child Custody, Adoption, and Evolving Family Law Matters
Child Custody Determinations: Understand the paramount principle of the "best interest of the child." Identify the factors courts consider (child's age, health, bonds, stability, parental fitness, child's preference if mature).
Types of Custody: Differentiate between legal custody (decision-making) and physical custody (living arrangements). Understand joint legal custody, joint physical custody, sole custody, and visitation.