Marriage, divorce, custody, and support concepts tested on the bar exam.
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- What are the basic requirements for a valid marriage?
- Capacity of both parties to marry, mutual consent, and compliance with state licensing and ceremony requirements.
- What does capacity to marry require?
- Age of majority (typically 18, sometimes lower with parental consent), sound mind, and not already married.
- What is a common law marriage?
- 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?
- 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?
- 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?
- 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?
- Full disclosure of assets by both parties, independent representation or knowing waiver thereof, and fairness (not unconscionable).
- What is a postnuptial agreement?
- 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?
- 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?
- 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?
- A mandatory time between filing and finalization (typically 30 to 90 days) to allow for reconciliation.
- What is equitable distribution in property division?
- Division of marital property fairly but not necessarily equally, based on factors including contribution, need, and length of marriage.
- What is community property?
- 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?
- Property acquired before marriage, through gift or inheritance during marriage, or by express agreement kept separate.
- What is marital property?
- Property acquired by either spouse during the marriage through earnings or labor, subject to division upon divorce.