Divorce Family Law Presentation + Test + Flashcards = 87 Slides
The preview is 12 actual slides.
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This is a powerpoint presentation of this topic and includes the top cases from the field including two landmark SCOTUS decisions. It is followed by a 20 point multiple choice test and a 35 card set of Flash Cards. These Flash Cards can be used for review, testing or to facilitate class discussion.
--- Separate Property is also recognized by the court. This is property that is not marital property and thus not subject to division. These following are separate property:
~Property that was bought or acquired before the marriage
~Property that was inherited by one spouse or was a gift to one spouse
~Property that the spouses agreed to exclude from marital property by prenuptial agreement
If a spouse mingles separate property with marital property though he or she risks that it might be lost as separate property.
---The determination of alimony varies greatly among the states in America. In 2012, Massachusetts stepped into the forefront of the newer views towards alimony, enacting reform which included limits on alimony and eliminated lifetime alimony. Colorado enacted significant alimony reform in 2013. A few other states have done the same and bills are pending in other states. A few states remain traditional such as Mississippi. There judges cannot order an end date to any alimony award. Surprisingly, California and New York, which typically lead in modern legal developments, have kept relatively vague statutes. These list factors a judge should consider when determining alimony but put no other limitations upon it.
---The Federal Deadbeat Punishment Act is for non compliant parents who as travel across state lines to circumvent child support orders or owe more than two years of support payments. They can be prosecuted under this law and face significant penalties including jail time.
---The federal government used to be wholly uninvolved in divorce matters. However, it discovered that it was making up for these missed payments with welfare payments to the custodial parents. This was increasing the country’s deficit. Thus, there has been a steady increase in federal law affecting state divorce law. As long as it affects the federal budget, expect this trend to continue.
---When a married woman had a child, the law conclusively presumed the child was her husband’s. When an unmarried woman had a child, there was no presumption for a supposed father and indeed no way to show he was the father. Blood tests could at best only show it was possible a certain man was the father, which was not enough. DNA, however, can show a man is conclusively the father, which makes child visitation, custody and support issues possible on all of these cases.
---In 2013, a New York court held for Elizabeth Petrakis and voided the prenuptial agreement she and her husband signed just four days before their wedding. The court believed Peter Petrakis made a promise to Elizabeth and didn’t keep it. The court also believed she was forced to sign the agreement. Because of this decision, no one now believes these agreements are as unbreakable as they once did.
---Peter Petrakis is a real-estate mogul and was worth close to $20 million at the time they married. He presented Elizabeth with a prenuptial agreement that gave her $25,000 for every year she and Peter were married but nothing else. Four days before their 1998 wedding, when she was still refusing to sign it, Peter promised her he would tear up the prenuptial once they had children and then add her to the title of their home.
---I am a retired lawyer, instructor and textbook writer.