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Family law and domestic relations essentially means the same thing.
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Why might a couple might want a prenuptial/pre-marital agreement?
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People often marry later in life and they wish to protect their assets in the event that the marriage terminates either by legal action or by death.
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People prefer planning for divorce rather than preparing for a happy marriage.
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These are mandatory in some states.
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Check everything that can be agreed upon in a pre-marital/pre-nuptial agreement.
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Right of a child to child support
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Rights and obligations regarding any property
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Right to date another individual in the future
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Rights to manage and control any property
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Disposition of property upon termination of the marriage by death or legal action
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Making of wills or trusts
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Choice of law to govern the agreement
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Any other matter, even one in violation of public policy or the law
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What are some ways to terminate a marriage? Check all that apply:
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Annulment
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Divorce/dissolution
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Break-up
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Legal separation
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common law marriage
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An example of a voidable marriage would be one in which one party was already married—in other words, a bigamous marriage.
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What is a dissolution?
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A declaration that a marriage never existed between two parties.
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It acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.
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Similar to a temporary separation.
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Similar to an annulment.
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When parties legally separate, they do not want to be married anymore.
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The court considers the best interest of the child when making custody deteriminations
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Parents make all of the decisions in terms of what support they will pay to their child.
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The Uniform Reciprocal Enforcement of Support Act (URESA) allows for intrastate enforcement of child support orders.
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Spousal support (a.k.a alimony) is--check all that apply!
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To compensate a spouse for their ex-spouse's deficiencies.
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To ensure that housing, food, and clothing—the necessities of daily living—are available for a spouse who is unable to earn an adequate living.
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may be awarded when two people end their marriage, but is not always awarded.
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is court determined by state specific factors.
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What is separate property? (Check all that apply)
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Property that belongs solely to one party.
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Property in which the marital partner has no legal interest.
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Property that a party owned after the dissolution was finalized.
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Property that Is not divided when the parties divorce
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Includes property acquired by gift or inheritance.
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Includes property that was given to both spouses during the marriage.
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Community property is property that is used by both parties, but is only actually owned by one party.
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Quasi-community property is treated the same as community property for the purposes of division.
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Do family law cases differ procedurally from other kinds of civil cases?
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Is a marital settlement agreement employed in an uncontested case?
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What are some discovery tools used in family law cases?
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What is usually recommended in a family law case if the parties cannot resolve their issues?
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Which is true about the Uniform Parentage Act?
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Before a court makes a determination as to custody and child support, parentage must first be determined.