1. Chapter Eight Family Law

2. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 2 Family Law Issues divorce legal separation child custody child support classification of property premarital agreements unmarried partners paternity

3. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 3 Prenuptial Agreements An agreement entered into before a couple marries It may explain how the property belonging to each prospective spouse is to be characterized or distributed upon death or dissolution/divorce

4. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 4 Terminating a Marriage Annulment Divorce/Dissolution Legal Separation

5. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 5 Nullity An annulment or nullity proceeding is used to obtain a court declaration that no legal marriage ever existed. A court may find the marriage void or voidable.

6. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 6 Divorce / Dissolution A divorce or dissolution action acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.

7. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 7 Legal Separation A legal separation asks the court to grant the parties something short of a final termination of the marital contract.

8. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 8 Child Custody Child custody decisions are always designed to be in the best interest of the child Courts determine which spouse will have custody of a child

9. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 9 Child Support the court may award child support these awards are designed to ensure that housing, food, and clothing - the necessities of daily living - are available for children

10. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 10 McCord v. McCord Issue 1: Did the court err when it ordered payment of medical expenses? Issue 2: Were there changed circumstances? Issue 3: Was the father voluntarily unemployed?

11. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 11 Spousal Support Spousal support awards are designed 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.

12. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 12 Separate Property Separate property belongs solely to one party, this includes gifts and inheritances

13. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 13 Community Property Community property is owned jointly by married persons Not all states recognize community property

14. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 14 Quasi-Community Property This is property that would be considered community property if it had been acquired while the married couple were living in a community property state.

15. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 15 Value and Division of Property Once a court determines the value of property and has characterized it as separate or community, it will divide the property according to state law.

16. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 16 Family Law Court Pleadings Petition Response

17. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 17 Motions A motion is a request made to a court. For example, a motion could request temporary support or a change in custody

18. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 18 Orders Courts often make certain rulings, these rulings are referred to as orders For example, a court may make certain orders regarding child custody or child support Temporary orders are sometimes entered, these orders might include temporary custody orders or temporary restraining orders

19. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 19 Discovery Interrogatories Deposition Request for Production and Inspection of Documents and Things

20. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 20 Settlement and Trial Mediation: an informal, out-of-court dispute resolution process Conciliation: settlement of disputes in a nonadversarial manner Trial: open court process where all parties present evidence, question witnesses and generally put their case before the court

21. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved. 21 Family Law Matters and Unmarried Persons Single parents Uniform Parentage Act DNA testing Presumptions Domestic partners