Marriage, divorce, custody, and support concepts tested on the bar exam.
43 cards · basic cards · AI-written, checked twice. Edit anything.
- What are the basic requirements for a valid marriage?
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Capacity of both parties to marry, mutual consent, and compliance with state licensing and ceremony requirements.- What does capacity to marry require?
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Age of majority (typically 18, sometimes lower with parental consent), sound mind, and not already married.- What is a common law marriage?
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A marriage created without a formal ceremony or license, recognized in some jurisdictions based on cohabitation, consent to marry, and holding out as married.- What are common impediments to a valid marriage?
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Bigamy, consanguinity (close blood relation), failure to reach age of consent, and lack of capacity due to mental incapacity.- What is the difference between a void and voidable marriage?
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A void marriage is invalid from the start; a voidable marriage is valid unless challenged in court, becoming void only by judgment.- What is a prenuptial agreement?
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A written contract executed before marriage allocating property rights and support obligations in the event of death or divorce.- What is required for a valid prenuptial agreement?
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Full disclosure of assets by both parties, independent representation or knowing waiver thereof, and fairness (not unconscionable).- What is a postnuptial agreement?
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A written contract executed after marriage by spouses allocating property and support rights, subject to the same requirements as a prenup.- What is the difference between fault-based and no-fault grounds for divorce?
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Fault-based requires proving misconduct (adultery, cruelty, etc.); no-fault requires only irreconcilable differences or irretrievable breakdown.- What are typical residency requirements for filing for divorce?
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Usually one or both spouses must be domiciled in the state for a minimum period (typically 6 months to one year) before filing.- What is a waiting period in a divorce?
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A mandatory time between filing and finalization (typically 30 to 90 days) to allow for reconciliation.- What is equitable distribution in property division?
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Division of marital property fairly but not necessarily equally, based on factors including contribution, need, and length of marriage.- What is community property?
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In community property states, property acquired during marriage by either spouse is owned equally by both and divided 50-50 on divorce.- What is separate property in a marriage?
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Property acquired before marriage, through gift or inheritance during marriage, or by express agreement kept separate.- What is marital property?
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Property acquired by either spouse during the marriage through earnings or labor, subject to division upon divorce.
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