© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Eight Family Law

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Family Law Issues divorce legal separation child custody child support classification of property premarital agreements unmarried partners paternity

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Terminating a Marriage Annulment Divorce/Dissolution Legal Separation

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Divorce / Dissolution A divorce or dissolution action acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Legal Separation A legal separation asks the court to grant the parties something short of a final termination of the marital contract.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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?

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Separate Property Separate property belongs solely to one party, this includes gifts and inheritances

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Community Property Community property is owned jointly by married persons Not all states recognize community property

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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.

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Family Law Court Pleadings Petition Response

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Motions A motion is a request made to a court. For example, a motion could request temporary support or a change in custody

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Discovery Interrogatories Deposition Request for Production and Inspection of Documents and Things

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition 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

© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Family Law Matters and Unmarried Persons Single parents Uniform Parentage Act DNA testing Presumptions Domestic partners