Family Law: Marriage, Divorce & Custody

Which landmark U.S. Supreme Court case established that the fundamental right to marry is guaranteed to same-sex couples?

Obergefell v. Hodges established that the Fourteenth Amendment requires states to license and recognize same-sex marriages.

What are the three standard requirements to establish a common law marriage in jurisdictions that recognize it?

The three requirements are: (1) capacity and intent to marry, (2) cohabitation, and (3) holding out to the public as a married couple.

Under the Uniform Premarital Agreement Act (UPAA), what are the two primary grounds for invalidating a prenuptial agreement?

A prenuptial agreement can be invalidated if it was not executed voluntarily, or if it was unconscionable when executed and there was no fair disclosure of assets.

Can a premarital agreement validly waive or restrict a party's obligation to pay child support?

No, provisions in a premarital agreement that adversely affect a child's right to support are void as against public policy.

What is the most common ground asserted for a no-fault divorce?

Irreconcilable differences (or irretrievable breakdown of the marriage) is the most common ground for a no-fault divorce.

What are the traditional fault-based grounds for divorce?

Traditional fault grounds include adultery, cruelty (physical or mental), desertion/abandonment, habitual drunkenness, and felony conviction.

What are the two primary systems used by states for dividing property upon divorce?

The two primary systems are equitable distribution (used by the majority of states) and community property.

How is 'separate property' generally defined in the context of divorce?

Separate property generally includes assets acquired before the marriage, as well as property acquired during the marriage by gift, bequest, descent, or devise.

What is the legal doctrine of 'transmutation' in family law property division?

Transmutation occurs when separate property is treated in such a way that it changes its character into marital property, often through commingling or joint titling.

What is the primary purpose of rehabilitative alimony?

Rehabilitative alimony is designed to support a dependent spouse for a limited time while they obtain education or training to become self-supporting.