Divorce Law Changes in the 1980s

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Questions and Answers

What significant changes occurred regarding divorce laws in the 1980s?

A guilty party could not seek a divorce.

Covenant marriages were established.

Recrimination and comparative rectitude were abolished. (correct)

Recrimination and comparative rectitude were introduced.

Under Louisiana law LA 9:272, who may seek a declaration that a marriage is no longer legally recognized?

The court itself

Any party to the marriage

Only the non-breaching party (correct)

The breaching party

What is the primary basis for jurisdiction to render a divorce?

Mutual consent

Marriage location

Residency period

Domicile (correct)

What does the Full Faith and Credit Clause require?

States to recognize another state's legislation. Signup and view all the answers

What effect does the current law have on divorce suits involving guilty parties?

Guilty parties can still file for divorce. Signup and view all the answers

What must occur for adultery to be a valid ground for divorce after it has already been cited?

The spouse must commit adultery again. Signup and view all the answers

In which case did the court determine that mental illness excused a spouse's behavior in a divorce setting?

Doane v. Benenate Signup and view all the answers

What is the consequence of reconciling after filing for a no-fault divorce?

The cause of action for divorce is extinguished. Signup and view all the answers

Which of the following statements about mental illness as a defense in divorce cases is accurate?

It must cause the behavior that constitutes the fault. Signup and view all the answers

What is the main implication of the case Seltzer v. Seltzer regarding mental illness and adultery?

Repeated adultery cannot be excused solely by mental illness. Signup and view all the answers

Which of the following is NOT considered a fault-based ground for divorce?

Petty arguments Signup and view all the answers

What is required in order for a claimant to prove fault in divorce cases?

They must be free from any fault themselves Signup and view all the answers

In the case of habitual intemperance, which of the following would likely be considered acceptable evidence?

Excessive drinking leading to health issues Signup and view all the answers

According to Allen, what is required for 'cruel treatment' grounds in a divorce?

Serious activity causing dissolution of marriage Signup and view all the answers

Which of the following scenarios could lead to a fault-based divorce based on the provided grounds?

A spouse has fled to avoid felony charges Signup and view all the answers

What is a significant factor that can limit a parent's ability to work and influence their earning capacity?

Child custody arrangements Signup and view all the answers

Which statement is true regarding interim spousal allowances and final child support obligations?

They are considered together in financial settlements. Signup and view all the answers

What does the term 'rehabilitative alimony' imply in the context of financial support?

It allows for temporary financial support based on future training and education. Signup and view all the answers

In which scenario may the court set a term for a financial support obligation?

When considering the time needed for education or training. Signup and view all the answers

How does health and age affect the ability of the payee to secure employment?

They can make it difficult for the payee to get a job. Signup and view all the answers

What does the court consider when determining financial support in long-term marriages?

The dependency created during the marriage. Signup and view all the answers

Which of the following indicates the flexibility courts have regarding the term of financial support?

The court has discretion in setting both amount and duration. Signup and view all the answers

Which statement reflects a misconception about child support awards?

The amount of child support awarded is usually minimal. Signup and view all the answers

What is the primary consideration for initial custody determination?

The best interest of the child Signup and view all the answers

Which type of custody refers to decision-making authority regarding a child?

Legal custody Signup and view all the answers

According to the governing articles, who can initiate child custody requests?

Both married and unmarried parents Signup and view all the answers

What is the role of Art. 134 in custody determination?

It provides factors to consider in determining the best interest of the child. Signup and view all the answers

What does Art. 116 state regarding spousal support obligations?

It may be modified, waived, or extinguished by judgment or certain agreements. Signup and view all the answers

What does the term 'physical custody' refer to?

The physical care and control of the child. Signup and view all the answers

What was a significant change made regarding parental custody considerations?

The tender years doctrine no longer applies. Signup and view all the answers

Which of the following is NOT a factor in determining the best interest of the child according to Art. 134?

Educational background of parents Signup and view all the answers

Under which condition does the spousal support obligation automatically end?

If the obligee remarries Signup and view all the answers

What is meant by cohabitation 'in the manner of married persons'?

Engaging in sexual relations with another person Signup and view all the answers

What is the duration of the preemptive period for claiming featured spousal support after divorce judgment?

3 years Signup and view all the answers

What is the prescriptive period for taking action on unpaid spousal support arrearages?

5 years Signup and view all the answers

What can lead to the judicial modification of fixed periodic spousal support?

A change in income of either party Signup and view all the answers

What is required for a valid contractual modification of rights related to spousal support?

A notarized document signed by both parties Signup and view all the answers

Which of the following accurately describes a waiver of interim spousal support (ISS)?

It is considered a nullity Signup and view all the answers

What occurs if the term of spousal support set by the court runs out?

The spousal support obligation is extinguished? Signup and view all the answers

What must occur to interrupt the prescription period for unpaid spousal support?

Make a payment or acknowledge the debt Signup and view all the answers

Under what circumstance can spousal support be extinguished by a court without a specific time limit?

If there is a material change in circumstances Signup and view all the answers

What is the limited definition of 'family' as per legal context?

Father, mother, children Signup and view all the answers

Which type of law primarily governs family law matters?

Private law Signup and view all the answers

Which of the following is TRUE regarding the Defense of Marriage Act (DOMA)?

It was declared unconstitutional in 2015. Signup and view all the answers

Why do courts require parties to live 'separate and apart' for a period before divorce?

To allow cooling off and assess reconciliation. Signup and view all the answers

What is one reason collusive immediate divorce is discouraged in family law?

It could lead to dishonesty about living arrangements. Signup and view all the answers

What is meant by the societal definition of 'family'?

A broader concept that includes diverse family structures. Signup and view all the answers

Which best describes a characteristic of family law?

It regulates individual dealings and disputes. Signup and view all the answers

What implication does living in a separate abode have for divorce proceedings?

It is a requirement to prove the separation was legitimate. Signup and view all the answers

What is the initial step required in an ordinary divorce proceeding?

File a petition and serve the spouse Signup and view all the answers

In what situation can a default judgment be granted in a divorce case?

When one spouse does not respond to the petition Signup and view all the answers

What period must a couple without minor children live separate and apart after filing for divorce?

365 days Signup and view all the answers

Which of the following is NOT a requirement for a summary judgment in a divorce case?

Both parties must file separate petitions Signup and view all the answers

Which statement accurately describes the requirement for living separate and apart in the context of filing for divorce?

Both spouses cannot live together after filing Signup and view all the answers

What is the time requirement for a couple with minor children to live separate and apart after filing for divorce?

180 days Signup and view all the answers

What typically happens during the 15 days after filing a divorce petition?

The other spouse may file an answer and affirmative defenses Signup and view all the answers

What might compel individuals to choose a fault-based divorce instead of a no-fault option?

The time-consuming nature of the no-fault process under exception rules Signup and view all the answers

What is the effect of community property on divorce when filed?

Community property is terminated retroactively to the filing time. Signup and view all the answers

Which statement best describes the implications of delaying divorce for the financially weaker spouse?

They will potentially receive interim spousal support for a longer duration. Signup and view all the answers

What is one of the key elements for proving reconciliation in a divorce case?

Forgiveness and resumption of life in common. Signup and view all the answers

What is the standard of proof employed by courts to determine reconciliation?

Manifestly erroneous standard. Signup and view all the answers

What is the primary defense against a divorce action recognized in law?

Reconciliation. Signup and view all the answers

What happens to interim spousal support (ISS) at the final divorce?

It ends after 180 days post-divorce. Signup and view all the answers

What complicating factor must be considered regarding reconciliation in cases involving abuse?

Battered spouse syndrome may affect decisions. Signup and view all the answers

What historical approach was previously used by courts to prove reconciliation?

Sex once during the period of separation. Signup and view all the answers

What is the primary factor determining jurisdiction for divorce judgments?

Domicile of at least one party Signup and view all the answers

Which statement is true regarding divorce judgments involving states with no domicile over either party?

There is no valid divorce judgment in such cases. Signup and view all the answers

How does the Full Faith and Credit Clause apply to judgments from other countries?

It does not apply to judgments from other countries. Signup and view all the answers

What condition is necessary for a divorce judgment to be recognized from a state where one spouse is domiciled?

At least one spouse must be domiciled in that state. Signup and view all the answers

What does the case of Williams I affirm regarding divorce judgments?

The domicile of at least one spouse allows for valid divorce judgments. Signup and view all the answers

Which factor has no bearing on jurisdiction for divorce actions?

Length of residency in the state Signup and view all the answers

What principle does the U.S. Supreme Court uphold regarding divorce judgments from states where one spouse is domiciled?

They are valid regardless of personal jurisdiction. Signup and view all the answers

What is the stance of U.S. law regarding recognizing foreign divorce judgments?

They may be respected through comity, but are not required to be recognized. Signup and view all the answers

Which statement accurately describes the ability to modify final spousal support (FPS)?

FPS can be modified or waived if it does not interfere with art. 98 duties. Signup and view all the answers

What must be considered when drafting a prenuptial agreement regarding final spousal support?

Provisions that counteract the duty of fidelity must be avoided. Signup and view all the answers

Why might a court reject a prenuptial agreement clause related to financial support?

It permits a waiver of support for fault conduct. Signup and view all the answers

In what way does final spousal support differ from interim support?

Final spousal support is indefinite, while interim support is for a limited duration. Signup and view all the answers

What is one key distinction between waiving community property rights and waiving final spousal support?

Wives can agree to waive final spousal support within certain limitations. Signup and view all the answers

What is a potential consequence of including specific amounts for spousal support based on the length of marriage?

The court may view it as an arbitrary restriction. Signup and view all the answers

Under what conditions might modifications to final spousal support be considered invalid?

If they remove the obligation to provide any support at all. Signup and view all the answers

What should be avoided in any agreement related to final spousal support to ensure compliance with article 98 duties?

Including clauses that negate the impact of a spouse's fault. Signup and view all the answers

What is a relevant consideration regarding a child's home history during custody evaluations?

The child’s past experiences in different home environments Signup and view all the answers

According to the recent changes in domestic violence laws, which of the following statements is inaccurate regarding custody evaluations?

Abused parents can be denied custody due to their mental health issues. Signup and view all the answers

What constitutes a reasonable preference from a child in custody decisions?

Preference influenced by emotional comfort with a non-abusive parent Signup and view all the answers

When considering a child's reasonable preference in custody, which of these factors must be assessed?

The age of the child and their ability to express a choice Signup and view all the answers

What is one example of how previous abuse in a child's history might affect custody arrangements?

The child may have a strong preference for living with a non-abusive parent. Signup and view all the answers

Which statement best exemplifies a misconception about children's preferences in custody cases?

Children's preferences are always prioritized by the courts. Signup and view all the answers

How has the interpretation of custody evaluation criteria changed regarding a parent's past behavior?

The focus is now strictly on the child's current needs and well-being. Signup and view all the answers

Which scenario illustrates an unreasonable preference expressed by a child during custody evaluations?

A child seeking to live with a parent who was abusive in the past Signup and view all the answers

Study Notes

Introduction

Family law is state law; the 10th Amendment governs
The definition of family is broad and includes diverse family structures
Federal law plays a limited role, exemplified by DOMA, which was unconstitutional, and child support guidelines
Family law is extra-patrimonial, cannot be valued monetarily; however, relationships can be both patrimonial and extra-patrimonial
Custody is extra-patrimonial, while child support is patrimonial

Natural Person

A human being has legal personality and can enjoy legal capacity
Legal personality starts at live birth and ends at death
An unborn child is considered a person from the moment of conception unless stillborn

Domicile

Natural persons have one domicile (place of habitual residence).
A natural person can reside in multiple places, but not have multiple domiciles
A domicile is maintained until a person acquires a new one
A juridical person (such as a corporation) can have a domicile in the state of its formation or its principal place of business

Marriage

Marriage is the legal relationship between a man and a woman, created through a civil contract.
The law governs formation and dissolution of marriage, not religious rules.
A person can't sue the marriage itself; they sue the involved individuals
Covenant marriage is more difficult to enter into and leave
Traditionally, marriage was between a man and a woman; however, Obergefell and other rulings have made same-sex marriage legal and constitutionally protected

Legal Termination of Marriage

Marriage terminates at death (of either spouse)
Divorce is a way to legally end a marriage
A judicial declaration can terminate a marriage, this means there is a judgment in court; this only applies to relatively null marriages
Issuance of a court order allows a spouse to remarry after they are declared legally dead

Nullity of Marriage

Marriages contracted without following legal requirements can be declared null and void, either absolutely or relatively
An absolutely null marriage produces no civil effects from the moment of its execution; the act does not have legal validity
A relatively null marriage, on the other hand, can be enforced until a court orders it to be set aside; it carries civil consequences if one or both parties acted in good faith during the marriage or for as long as one party remains in good faith.

Prenuptial Agreements/Contracts

Prenuptial agreements are contracts entered into between people before a marriage to decide how property or assets will be divided in the event of divorce
An agreement can be entered to define circumstances or to waive certain things that courts are legally required

Additional Rights/Duties of Marriage

The duties between married couples are mutual
Rights between divorced couples (e.g., spousal support, custody) are determined by court decisions based on circumstances
The rules depend on whether the marriage is based on a covenant or traditional marriage structure

Child Custody/Parenthood

Custody arrangements of children are made upon agreement, or based on what is in the child's best interest.
Legal rights and obligations flow between the parent and child
A presumption that a father of a child born during a marriage is the presumed father; this is a rebuttable presumption (he can be proven not to be the father)
Other rights of a person are determined by who legally gave birth to a child
Custody is usually decided by the court when a marriage ends; a judgment declaring a marriage null or void terminates parental ties to the child
A judgment of legal separation has no effect on parental rights in most cases

Parent-Child Relationships

The parent-child relationship is established by either biological or adoptive filiation
Maternity is established by whoever physically gives birth to the child
Paternity can be established by:
Presumption (the father being the husband of the mother)
Formal acknowledgement
Other methods (such as court determination)
Adoptions can be categorized as either minor or adult adoption, through a series of court filings

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Description

Explore significant developments in divorce laws during the 1980s, including jurisdiction, grounds for divorce, and the impact of mental illness. This quiz will test your knowledge on legal standards and landmark cases that shaped divorce proceedings. Understand how the Full Faith and Credit Clause applies in divorce contexts.