1. Chapter 53
Family Law

2. Learning Objectives
Define marriage and enumerate the legal requirements of marriage
Define divorce and no-fault divorce and describe divorce proceedings

3. Learning Objectives
Describe how assets are distributed upon the termination of marriage and explain the requirements for awarding spousal support
Explain child custody, visitation rights, joint custody of children, and child support

4. Marriage
Legal union between spouses that confers certain legal rights and duties upon the spouses and upon the children born of the marriage
Marriage requirements
Most states require that the parties be a man and a woman
Parties must be 18 years of age or older
Emancipation: Minor is not supported by his or her parents and provides for himself or herself

5. Marriage Marriage license
Legal document issued by a state which certifies that two people are married
Some states require a marriage ceremony
Common law marriage
Marriage license has not been issued but certain requirements are met, such as eligibility, voluntary agreement, etc.

6. Parents and Children
Parents have an obligation to provide food, shelter, clothing, medical care, and other necessities to their children until a child reaches age 18
Parents have right to control the behavior of their children
Child neglect: occurs when a parent fails to provide a child with the necessities of life or other basic needs

7. Annulment
Order of the court which declares that a marriage did not exist
Grounds to obtain legal annulment:
One of the parties was a minor and had not obtained his or her parents’ consent to marry
One of the parties was mentally incapacitated
One of the parties was intoxicated
Marriage was never consummated

8. Divorce Order of the court that terminates a marriage No-fault divorce
Neither party is blamed for the divorce
Spouse wishing to obtain a divorce merely has to assert irreconcilable differences with his or her spouse
Pro se divorce
Parties represent themselves in the divorce action

9. Divorce Proceedings
Petition for divorce: document filed with the proper state court that commences a divorce proceeding
If the spouses do not reach a settlement of the issues involved in the divorce, case will go to trial
Six months after the divorce petition is filed, a court will enter a decree of divorce, which is a court order that terminates the marriage
In case of likely harassment, court issues a restraining order

10. Divorce Settlement agreement
Document signed by divorcing parties that evidences their agreement settling property rights and other issues of their divorce
Prenuptial agreement
Contract entered into prior to marriage that specifies how property will be distributed upon the termination of the marriage by divorce, annulment or death

11. Division of Assets Separate property
Property owned by a spouse prior to marriage
Inheritances and gifts received by a spouse during marriage
Marital property
Property acquired during the course of marriage
Income earned by the spouses during marriage
Separate property converted to marital property

12. Division of Assets Equitable distribution of marital property
Court orders a fair distribution of marital property to the divorcing spouses
Does not mean equal distribution of property
Community property distribution of marital property
Marital property is divided equally between the parties

13. Case 53.1: Separate Property
In the Matter of the Marriage of Joyner
196 S.W.3d 883, Web 2006 Tex.App. Lexis 5691 (2006)
Court of Appeals of Texas
Issue
Is the $2,080,000 lottery winning separate property that Thomas can keep, or is it community property that needs to be divided between Thomas and Belinda?

14. Division of Debts
Each spouse is personally liable for his or her own premarital debts
Joint marital debts: debts incurred during the marriage for joint needs
Court may equally distribute these debts upon termination of the marriage
Spouses are jointly liable for taxes incurred during their marriage

15. Spousal Support(Alimony)
Payments made by one divorced spouse to the other divorced spouse
Temporary alimony: payments made by one divorcing spouse to the other divorcing spouse for a limited period of time
Permanent alimony: payments made by one divorcing spouse to the other divorcing spouse until the receiving spouse dies or remarries

16. Child Support
Payments made by non-custodial parent to provide financial support for his or her children
Duty to pay continues until child reaches the age of majority or is emancipated
Based on circumstances, award of child support is subject to changes

17. Family Support Act
Provides for the automatic wage withholding of child support payments from a noncustodial parent’s income
Designed to prevent noncustodial parents from failing to pay required support payments

18. Child Custody
Award of legal custody of a child to a parent in a divorce or annulment proceeding
Based on the best interests of the child, such as education, stable environment, etc.
Custodial parent: parent who is awarded custody of a child in a divorce or annulment proceeding

19. Child Custody
Joint custody: gives both parents responsibility for making major decisions concerning their child
Joint physical custody: child of divorcing parents spends a certain amount of time being raised by each parent
Visitation rights: rights of a noncustodial parent to visit his or her child for limited periods of time

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