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Mapa Mental
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Tessa Bitterman
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Mapa Mental sobre MARRIED PERSONS, creado por Tessa Bitterman el 22/05/2017.
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Tessa Bitterman
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9043600
mind_map
2017-05-23T18:29:34Z
MARRIED PERSONS
PREREQUISITES OF MARRIAGE
NULLITY OF MARRIAGE
INCIDENTS OF MARRIAGE
Definition: The legal relationship between 2
people created by civil contract.
(1) ABSENCE OF LEGAL IMPEDIMENTS: (a)
Existing Marriage (b) Too Closely Related:
whole or half blood relatives in
DIRECT-LINE & COLLATERALS w/in the 4th
Degree. NOTE - ADOPTED - treated as
blood relatives. NOTE 2 - AFFINITY - NO
impediment.
(2) MARRIAGE CEREMONY: (a) Qualified
celebrant or reasonably believed to be be
QC; (b) Attendance by BOTH parties; (c)
Mutual Consent Expressed at Ceremony.
COVENANT MARRIAGE
(1) FORMATION: (a) Special
Counseling; (b) Declare Intent to
Contract a CM; (c) Execute a
Notarized Declaration of Intent to
Contract a CM.
(2) COMMITMENT TO COUNSELING: To
preserve marriage - begins once the
parties experience marital difficulties
AND continue until the rendition of
divorce.
RELATIVE NULLITY
(1) CIRCUMSTANCES: a marriage
lacking consent MAY be declared
relatively null.
CANNOT BE dissolved, rescinded, or
terminated by the mutual consent of
the spouses.
(3) TERMINATION:
(a) DIVORCE - (i) adultery; (ii) Felony- DS/HL; (iii)
Abandoned - 1 year & refusal to return; (iv)
Physical/Sexual Abuse of Spouse or kids of either
spouse; (iv) Separate + Apart CONTINUOUSLY for
2 years + NO reconciliation IF NO CHILDREN; (v)
Separate + Apart CONTINUOUSLY for 1 &1/2 years
IF THEY HAVE A CHILD - UNLESS abuse was the
basis for separation (if abuse, 1 year living apart
from the judgment of separation.
(b) JUDICIAL SEPARATION - SAME as DIVORCE +
(vi) habitual intemperate or engages in other
excesses, cruel treatment, or other outrageous
conduct of such a nature as to render living
together insupportable.
(2) EFFECTS: Valid and produces
civil effects until OFFICIALLY
declared null by the court.
ABSOLUTE NULLITY
(3) NULLITY MUST BE RAISED BY
NONCONSENTING PARTY: in a
judicial proceeding.
(4) CONFIRMATION BY NONCONSENTING
PARTY PRECLUDES ACTION TO ANNUL:
(1) CIRCUMSTANCES: a marriage is
absolutely null when contracted
EITHER: (a) in violation of legal
impediment or (b) without a valid
marriage ceremony attended by both
parties .
(2) EFFECTS: (a) Null Ab Initio - devoid of
all legal effect from the the moment
from inception - no judicial declaration is
required, but ANY INTERESTED PARTY
MAY BRING ACTION TO ANNUL; (b)
Putative Marriage Doctrine.
(1) PUTATIVE MARRIAGE: applies
when marriage is absolutely null,
AND at least one of the spouses
was in good faith in contracting the
marriage.
(a) GOOD FAITH: honest and
reasonable belief that no legal
impediment to the marriage
exists.
(ii) PRESUMPTION OF GF
on the part of the party
making a putative
marriage claim.
(iii) CHALLENGINg PARTY
bears BOP --- EXCEPTION:
a spouse who is a party of
a previous .
(i) PM DOCTRINE
APPLIES TO FACTUAL
& LEGAL ERRORS.
(iv) KNOWLEDGE -
firsthand knowledge of
an impediment vitiates
GF.
(v) GF WITHOUT A MARRIAGE
CEREMONY - would have to be
EXCEPTIONAL CASE (Marinoni
Case).
(b) CIVIL EFFECTS: Civil effects of
a putative marriage are the
same as in a normal marriage
--EXCEPT as to CP.
(i) a GF spouse in a putative
marriage is eligible for: (1)
SPOUSAL SUPPORT; (2)
LEGITIMACY OF THE
CHILDREN; (3) MARTIAL
PORTION; (4) WRONGFUL
DEATH ACTION; and (5) CP
acquired during PM.
(ii) SPECIAL RULE GOVERNING CP AT
DEATH OF COMMON SPOUSE: (1) BAD
FAITH - his 1/2 CP goes to LEGAL
SPOUSE & the other 1/2 to the GF
PUTATIVE SPOUSE; (2) GOOD FAITH -
heirs acquire 1/2 of COMMON SPOUSE'S
CP & LEGAL and PUTATIVE share
remaining 1/2, each getting 1/4.
(iii) DURATION OF CIVIL
EFFECTS: continue as long
as the spouse remains in
GF.
BIGAMY EXCEPTION: civil effect
continue even after the
nonbigamous, innocent spouse
learns of the impediment, until
EITHER: (1) there is an official
declaration of nullity, or (2) the
nonbigamous innocent spouse
remarries.
(iv) CHILDREN: A marriage contracted in
GF produces civil effects for ALL children
of the marriage.
PUTATIVE MARRIAGE DOCTRINE
PROVISIONAL AND INCIDENTAL
PROCEEDINGS IN ACTIONS OF NULLITY
(1) A COURT MAY award a party the
incidental relief afforded in a divorce
proceeding.
(2) INTERIM RELIEF : Claims for relief PENDING the
nullity action include interim spousal support -
which may be grnated regardless of nature of
alleged nullity AND regardless of whether he was
in GF or BF in contracting the marriage.
(3) PERMANENT RELIEF: Relief that is intended to continue in
effect past the effective date of the judgment of nullity is
available ONLY (i) to parties to relatively null marriages, and
(ii) to parties to absolutely null marriages who are deemed
entitled to civil effects as putative spouses.
(1) MUTUAL DUTIES: Spouses owe each other the following
duties: (a) Fidelity - NEGATIVE (not commit adultery) &
POSITIVE (submit to "reasonable and normal sexual desires";
(b) SUPPORT - furnish necessities of life; (c) ASSISTANCE -
care for ill or infirm spouse.
(2) NOT ENFORCEABLE DURING MARRIAGE: Spouses cannot generally sue each
other for breach of duties during the marriage. NOTE: Only able to sue after
physical separation. HOWEVER, breach of these duties MAY mount to fault
sufficient to bar FINAL SPOUSAL SUPPORT.
(3) PARENTAL AUTHORITY: Parents JOINTLY
exercise parental authority and assume
moral and material obligations.
(4) SURNAMES: Marriage does not change either spouse's surname, but
a married person may use the surname of either or both spouses. A
widowed, divorced, or remarried woman may use her former spouse's
name or may resume using her maiden name; no special steps are required.
(5) CONFLICT OF LAW: If a marriage is valid where contracted or where the
parties first were domiciled as spouses, then it is valid in Louisiana unless
validity would violate a strong public policy of Louisiana.
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