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Tessa Bitterman
Mapa Mental por , creado hace más de 1 año

Mapa Mental sobre MARRIED PERSONS, creado por Tessa Bitterman el 22/05/2017.

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Tessa Bitterman
Creado por Tessa Bitterman hace más de 7 años
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MARRIED PERSONSPREREQUISITES OF MARRIAGENULLITY OF MARRIAGEINCIDENTS OF MARRIAGEDefinition: The legal relationship between 2people created by civil contract.(1) ABSENCE OF LEGAL IMPEDIMENTS: (a)Existing Marriage (b) Too Closely Related:whole or half blood relatives inDIRECT-LINE & COLLATERALS w/in the 4thDegree. NOTE - ADOPTED - treated asblood relatives. NOTE 2 - AFFINITY - NOimpediment.(2) MARRIAGE CEREMONY: (a) Qualifiedcelebrant or reasonably believed to be beQC; (b) Attendance by BOTH parties; (c)Mutual Consent Expressed at Ceremony.COVENANT MARRIAGE(1) FORMATION: (a) SpecialCounseling; (b) Declare Intent toContract a CM; (c) Execute aNotarized Declaration of Intent toContract a CM.(2) COMMITMENT TO COUNSELING: Topreserve marriage - begins once theparties experience marital difficultiesAND continue until the rendition ofdivorce.RELATIVE NULLITY(1) CIRCUMSTANCES: a marriagelacking consent MAY be declaredrelatively null.CANNOT BE dissolved, rescinded, orterminated by the mutual consent ofthe spouses.(3) TERMINATION:(a) DIVORCE - (i) adultery; (ii) Felony- DS/HL; (iii)Abandoned - 1 year & refusal to return;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 eitherspouse; (iv) Separate + Apart CONTINUOUSLY for2 years + NO reconciliation IF NO CHILDREN; (v)Separate + Apart CONTINUOUSLY for 1 &1/2 yearsIF THEY HAVE A CHILD - UNLESS abuse was thebasis for separation (if abuse, 1 year living apartfrom the judgment of separation.(b) JUDICIAL SEPARATION - SAME as DIVORCE +(vi) habitual intemperate or engages in otherexcesses, cruel treatment, or other outrageousconduct of such a nature as to render livingtogether insupportable.(2) EFFECTS: Valid and producescivil effects until OFFICIALLYdeclared null by the court.ABSOLUTE NULLITY(3) NULLITY MUST BE RAISED BYNONCONSENTING PARTY: in ajudicial proceeding.(4) CONFIRMATION BY NONCONSENTINGPARTY PRECLUDES ACTION TO ANNUL:(1) CIRCUMSTANCES: a marriage isabsolutely null when contractedEITHER: (a) in violation of legalimpediment or (b) without a validmarriage ceremony attended by bothparties .(2) EFFECTS: (a) Null Ab Initio - devoid ofall legal effect from the the momentfrom inception - no judicial declaration isrequired, but ANY INTERESTED PARTYMAY BRING ACTION TO ANNUL; (b)Putative Marriage Doctrine.(1) PUTATIVE MARRIAGE: applieswhen marriage is absolutely null,AND at least one of the spouseswas in good faith in contracting themarriage.(a) GOOD FAITH: honest andreasonable belief that no legalimpediment to the marriageexists.(ii) PRESUMPTION OF GFon the part of the partymaking a putativemarriage claim.(iii) CHALLENGINg PARTYbears BOP --- EXCEPTION:a spouse who is a party ofa previous .(i) PM DOCTRINEAPPLIES TO FACTUAL& LEGAL ERRORS.(iv) KNOWLEDGE -firsthand knowledge ofan impediment vitiatesGF.(v) GF WITHOUT A MARRIAGECEREMONY - would have to beEXCEPTIONAL CASE (MarinoniCase).(b) CIVIL EFFECTS: Civil effects ofa putative marriage are thesame as in a normal marriage--EXCEPT as to CP.(i) a GF spouse in a putativemarriage is eligible for: (1)SPOUSAL SUPPORT; (2)LEGITIMACY OF THECHILDREN; (3) MARTIALPORTION; (4) WRONGFULDEATH ACTION; and (5) CPacquired during PM.(ii) SPECIAL RULE GOVERNING CP ATDEATH OF COMMON SPOUSE: (1) BADFAITH - his 1/2 CP goes to LEGALSPOUSE & the other 1/2 to the GFPUTATIVE SPOUSE; (2) GOOD FAITH -heirs acquire 1/2 of COMMON SPOUSE'SCP & LEGAL and PUTATIVE shareremaining 1/2, each getting 1/4.(iii) DURATION OF CIVILEFFECTS: continue as longas the spouse remains inGF.BIGAMY EXCEPTION: civil effectcontinue even after thenonbigamous, innocent spouselearns of the impediment, untilEITHER: (1) there is an officialdeclaration of nullity, or (2) thenonbigamous innocent spouseremarries.(iv) CHILDREN: A marriage contracted inGF produces civil effects for ALL childrenof the marriage.PUTATIVE MARRIAGE DOCTRINEPROVISIONAL AND INCIDENTALPROCEEDINGS IN ACTIONS OF NULLITY(1) A COURT MAY award a party theincidental relief afforded in a divorceproceeding.(2) INTERIM RELIEF : Claims for relief PENDING thenullity action include interim spousal support -which may be grnated regardless of nature ofalleged nullity AND regardless of whether he wasin GF or BF in contracting the marriage.(3) PERMANENT RELIEF: Relief that is intended to continue ineffect past the effective date of the judgment of nullity isavailable ONLY (i) to parties to relatively null marriages, and(ii) to parties to absolutely null marriages who are deemedentitled to civil effects as putative spouses.(1) MUTUAL DUTIES: Spouses owe each other the followingduties: (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 eachother for breach of duties during the marriage. NOTE: Only able to sue afterphysical separation. HOWEVER, breach of these duties MAY mount to faultsufficient to bar FINAL SPOUSAL SUPPORT.(3) PARENTAL AUTHORITY: Parents JOINTLYexercise parental authority and assumemoral and material obligations.(4) SURNAMES: Marriage does not change either spouse's surname, buta married person may use the surname of either or both spouses. Awidowed, divorced, or remarried woman may use her former spouse'sname 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 theparties first were domiciled as spouses, then it is valid in Louisiana unlessvalidity would violate a strong public policy of Louisiana.Haz doble clic en este nodo para editar el textoHaz clic en este nodo y arrástralo para crear uno nuevo