Divorce Law Changes in the 1980s

<p>States to recognize another state's legislation. (D)</p> Signup and view all the answers

<p>Guilty parties can still file for divorce. (D)</p> Signup and view all the answers

<p>The spouse must commit adultery again. (D)</p> Signup and view all the answers

<p>Doane v. Benenate (A), Courville v. Courville (C)</p> Signup and view all the answers

<p>The cause of action for divorce is extinguished. (D)</p> Signup and view all the answers

<p>It must cause the behavior that constitutes the fault. (D)</p> Signup and view all the answers

<p>Repeated adultery cannot be excused solely by mental illness. (B)</p> Signup and view all the answers

<p>Petty arguments (B)</p> Signup and view all the answers

<p>They must be free from any fault themselves (C)</p> Signup and view all the answers

<p>Excessive drinking leading to health issues (C)</p> Signup and view all the answers

<p>Serious activity causing dissolution of marriage (B)</p> Signup and view all the answers

<p>A spouse has fled to avoid felony charges (C)</p> Signup and view all the answers

<p>Child custody arrangements (A)</p> Signup and view all the answers

<p>They are considered together in financial settlements. (B)</p> Signup and view all the answers

<p>It allows for temporary financial support based on future training and education. (B)</p> Signup and view all the answers

<p>When considering the time needed for education or training. (B)</p> Signup and view all the answers

<p>They can make it difficult for the payee to get a job. (C)</p> Signup and view all the answers

<p>The dependency created during the marriage. (B)</p> Signup and view all the answers

<p>The court has discretion in setting both amount and duration. (A)</p> Signup and view all the answers

<p>The amount of child support awarded is usually minimal. (B)</p> Signup and view all the answers

<p>The best interest of the child (D)</p> Signup and view all the answers

<p>Legal custody (A)</p> Signup and view all the answers

<p>Both married and unmarried parents (A)</p> Signup and view all the answers

<p>It provides factors to consider in determining the best interest of the child. (D)</p> Signup and view all the answers

<p>It may be modified, waived, or extinguished by judgment or certain agreements. (B)</p> Signup and view all the answers

<p>The physical care and control of the child. (B)</p> Signup and view all the answers

<p>The tender years doctrine no longer applies. (D)</p> Signup and view all the answers

<p>Educational background of parents (C)</p> Signup and view all the answers

<p>If the obligee remarries (B)</p> Signup and view all the answers

<p>Engaging in sexual relations with another person (C)</p> Signup and view all the answers

<p>3 years (C)</p> Signup and view all the answers

<p>5 years (D)</p> Signup and view all the answers

<p>A change in income of either party (C)</p> Signup and view all the answers

<p>A notarized document signed by both parties (A)</p> Signup and view all the answers

<p>It is considered a nullity (C)</p> Signup and view all the answers

<p>The spousal support obligation is extinguished? (C)</p> Signup and view all the answers

<p>Make a payment or acknowledge the debt (B)</p> Signup and view all the answers

<p>If there is a material change in circumstances (C)</p> Signup and view all the answers

<p>Father, mother, children (C)</p> Signup and view all the answers

<p>Private law (B)</p> Signup and view all the answers

<p>It was declared unconstitutional in 2015. (D)</p> Signup and view all the answers

<p>To allow cooling off and assess reconciliation. (A)</p> Signup and view all the answers

<p>It could lead to dishonesty about living arrangements. (C)</p> Signup and view all the answers

<p>A broader concept that includes diverse family structures. (C)</p> Signup and view all the answers

<p>It regulates individual dealings and disputes. (B)</p> Signup and view all the answers

<p>It is a requirement to prove the separation was legitimate. (B)</p> Signup and view all the answers

<p>File a petition and serve the spouse (D)</p> Signup and view all the answers

<p>When one spouse does not respond to the petition (C)</p> Signup and view all the answers

<p>365 days (D)</p> Signup and view all the answers

<p>Both parties must file separate petitions (C)</p> Signup and view all the answers

<p>Both spouses cannot live together after filing (A)</p> Signup and view all the answers

<p>180 days (D)</p> Signup and view all the answers

<p>The other spouse may file an answer and affirmative defenses (C)</p> Signup and view all the answers

<p>The time-consuming nature of the no-fault process under exception rules (A)</p> Signup and view all the answers

<p>Community property is terminated retroactively to the filing time. (B)</p> Signup and view all the answers

<p>They will potentially receive interim spousal support for a longer duration. (C)</p> Signup and view all the answers

<p>Forgiveness and resumption of life in common. (B)</p> Signup and view all the answers

<p>Manifestly erroneous standard. (C)</p> Signup and view all the answers

<p>Reconciliation. (B)</p> Signup and view all the answers

<p>It ends after 180 days post-divorce. (C)</p> Signup and view all the answers

<p>Battered spouse syndrome may affect decisions. (C)</p> Signup and view all the answers

<p>Sex once during the period of separation. (D)</p> Signup and view all the answers

<p>Domicile of at least one party (D)</p> Signup and view all the answers

<p>There is no valid divorce judgment in such cases. (A)</p> Signup and view all the answers

<p>It does not apply to judgments from other countries. (C)</p> Signup and view all the answers

<p>At least one spouse must be domiciled in that state. (A)</p> Signup and view all the answers

<p>The domicile of at least one spouse allows for valid divorce judgments. (C)</p> Signup and view all the answers

<p>Length of residency in the state (B), Personal connections to the state (D)</p> Signup and view all the answers

<p>They are valid regardless of personal jurisdiction. (A)</p> Signup and view all the answers

<p>They may be respected through comity, but are not required to be recognized. (C)</p> Signup and view all the answers

<p>FPS can be modified or waived if it does not interfere with art. 98 duties. (D)</p> Signup and view all the answers

<p>Provisions that counteract the duty of fidelity must be avoided. (A)</p> Signup and view all the answers

<p>It permits a waiver of support for fault conduct. (B)</p> Signup and view all the answers

<p>Final spousal support is indefinite, while interim support is for a limited duration. (B)</p> Signup and view all the answers

<p>Wives can agree to waive final spousal support within certain limitations. (D)</p> Signup and view all the answers

<p>The court may view it as an arbitrary restriction. (B)</p> Signup and view all the answers

<p>If they remove the obligation to provide any support at all. (C)</p> Signup and view all the answers

<p>Including clauses that negate the impact of a spouse's fault. (C)</p> Signup and view all the answers

<p>The child’s past experiences in different home environments (D)</p> Signup and view all the answers

<p>Abused parents can be denied custody due to their mental health issues. (D)</p> Signup and view all the answers

<p>Preference influenced by emotional comfort with a non-abusive parent (B)</p> Signup and view all the answers

<p>The age of the child and their ability to express a choice (C)</p> Signup and view all the answers

<p>The child may have a strong preference for living with a non-abusive parent. (B)</p> Signup and view all the answers

<p>Children's preferences are always prioritized by the courts. (A)</p> Signup and view all the answers

<p>The focus is now strictly on the child's current needs and well-being. (D)</p> Signup and view all the answers

<p>A child seeking to live with a parent who was abusive in the past (D)</p> Signup and view all the answers

If a divorce case is dismissed or reconciliation takes place after filing, a new divorce case needs to be filed to pursue the divorce again.

Mental illness can be a defense in fault-based divorce cases, but only if the illness directly caused the behavior that led to the divorce filing (e.g., abuse).

Connivance is a limited defense in divorce; it is a situation where one party instigated or supported the behavior of the other party that led to a fault-based divorce.

A divorce based on specific wrongdoings or actions by one party, such as adultery or abuse.

A type of divorce that does not require a showing of wrongdoing by either party.

Divorce jurisdiction is based on the concept of domicile.

This constitutional clause requires U.S. states to honor the legal judgments of other states.

To challenge a state's divorce judgment, argue that the issuing court lacked proper jurisdiction making the judgment void.

Outdated legal concepts in divorce cases that evaluated fault based on who contributed more towards the marriage dissolution.

A current legal concept that may potentially bring back a fault-based approach (recrimination and comparative rectitude) to covenant marriages. But its use for divorce cases may be unclear.

A temporary financial support paid during a marriage separation or divorce process.

A legally obligated monetary commitment for the financial support of a child/children after a separation or divorce.

A person's potential to generate income based on their skills, experience, and employment opportunities.

Child custody responsibilities can affect a person's ability to work, reducing their potential income.

Financial provision support (FPS) is not always permanent, can be for specific period.

Court considers education, training, employment opportunities, health, age, and duration of marriage when determining FPS duration.

A type of alimony intended to help a spouse become self-sufficient through education or job training.

Length of time a couple has been married, a factor in determining spousal support (FPS).

Specific actions or behaviors by one partner that can lead to divorce, such as adultery, cruelty, or abandonment.

A fault ground where one spouse engages in serious conduct that causes the marriage to dissolve. It's not just petty arguments; it must significantly harm the relationship.

A fault ground where one spouse has a severe and uncontrollable addiction (e.g., alcohol or drugs) that makes the marriage unbearable.

The person claiming fault in a divorce usually has to prove their claims and show they are also free from fault.

If a divorce case is dismissed or the couple reconciles, they must refile the case if they later decide to divorce again.

A Louisiana law that allows a court to change, remove, or completely end spousal support obligations through a court decision, a written agreement, or a notarized document approved by the receiving spouse.

A Louisiana law that prohibits waiving support obligations if the agreement involves issues like adultery or fault. Such waivers are considered null and void.

The right to make decisions about a child's welfare, such as education, religious upbringing, and medical care.

The right to have a child live with you and provide for their daily needs, like housing and food.

The 'best interest of the child' is the primary factor considered when awarding child custody in Louisiana divorce cases.

This law outlines factors Louisiana courts MUST consider to determine the best interest of a child in custody cases, including the parents' love, capacity, and ability to provide for the child's needs.

A past legal concept that favored mothers in custody cases, assuming they were the 'better' parents. It has been replaced with the 'best interest of the child' standard.

Louisiana law that allows courts to determine child custody for married and unmarried parents, even before or after a divorce.

A spousal support (SS) obligation ends if the recipient cohabits with another person of the opposite sex in a manner similar to a married couple, involving sexual relations. This requires a court's determination.

A spousal support obligation ends in several situations, including: the recipient's remarriage, the death of either party, or a judicial determination of cohabitation (living like a married couple) involving sexual relations.

Cohabitation in the context of spousal support refers to living with another person in a manner akin to a married couple, including having sexual relations. This can end SS obligations.

Judicial modification refers to altering a court-ordered Final Periodic Support (FPS) order. This can involve completely ending the FPS based on various factors.

FPS can end if: the set duration ends, the recipient remarries, either person dies, a court determines cohabitation exists, or there's a major life change justifying it.

A person claiming FPS has a three-year window to file a claim. This period starts from the latest of various events, such as the divorce judgment date.

Arrearages (unpaid FPS) have a five-year prescription period, meaning after five years, you cannot pursue them.

Spouses can contractually modify their final periodic support (FPS) agreement using specific legal requirements, but obligations cannot be modified.

A waiver of Interim Spousal Support (ISS) is legally invalid. You cannot contractually bypass the mandated duty of support.

Interim Spousal Support (ISS) is considered an extension of the overall duty of support, meaning it cannot be completely avoided through agreement.

Family law is a branch of state law that governs the relationships between individuals in family units. These units can take many forms, including traditional families, single-parent households, blended families, and same-sex couples.

The 10th Amendment reserves powers not specifically granted to the federal government to the states. This means that states have the primary authority to regulate family law matters.

Family law is considered 'private' law because it primarily regulates relationships and interactions between individuals, rather than between individuals and the government.

A legal requirement for divorce in many states that spouses live physically separated and apart, with the intention of ending the marriage, for a certain period of time. This is to ensure a serious commitment to divorce and allow for possible reconciliation.

Living separate and apart allows couples time to cool off and reconsider their decision to divorce. It also helps ensure that the spouses aren't cohabiting and pretending to be separated, which undermines the purpose of the waiting period.

Waiting periods in divorce can serve multiple purposes, including allowing couples time to reconcile, ensure that the decision to divorce is serious, and prevent collusion or manipulation to quickly finalize a divorce.

DOMA, passed in 1996, defined marriage as a union between one man and one woman. It was declared unconstitutional in 2015, paving the way for same-sex marriage nationwide.

The Supreme Court ruling invalidating DOMA sets the clock in motion for waiting periods for same-sex couples seeking divorce. They face the same requirements for living separate and apart as any other couple.

A divorce can be granted without a hearing if both spouses agree and one spouse doesn't respond to the petition.

A divorce granted without a hearing if both spouses are represented by counsel, agree to the facts, and propose a judgment.

A divorce granted after a couple lives apart for a specific period of time (6 months with children, 1 year without).

A divorce in a covenant marriage (a stricter type of marriage) resembles the 103 style divorce, requiring a longer period of separation.

A divorce granted after a period of separation (usually 1 year), allowing for fault-based arguments if exceptions don't apply. This can be very lengthy.

The filing of a divorce petition acts as the starting point for the period of living separate and apart required for a divorce.

The length of time a couple must live separately before a divorce can be granted.

Fault-based divorce requires proving specific actions that caused the marriage breakdown, while no-fault divorces don't require such proof.

The only recognized defense to a divorce action in Louisiana. It occurs when the parties forgive each other and resume their life together, effectively extinguishing the divorce cause.

Two key elements: forgiveness and acceptance of the past, AND resumption of a shared life. Proving these requires demonstrating genuine actions, which can be difficult.

Evidence of reconciliation is fact-intensive and often subjective. Actions like living together, co-parenting, or intimate gestures are considered.

Temporary financial support provided to a spouse during divorce proceedings. It ends when the divorce is final (plus 180 days).

A weaker or poorer spouse may want a slow divorce to maximize ISS payments. The richer spouse typically prefers a faster resolution.

Community property (jointly owned assets) is terminated retroactively to the divorce filing date. This can impact assets acquired after filing.

Legal reasons why a divorce should not be granted. In Louisiana, reconciliation is the only recognized defense.

Reconciliation is a complex issue when domestic violence exists. This requires a careful assessment of the situation to avoid putting the abused spouse at further risk.

Changing a court-ordered Final Periodic Support (FPS) agreement after divorce. It can involve reducing, increasing, or ending the support payments.

Spouses can agree in a prenuptial or post-divorce agreement to modify or waive FPS, but this cannot violate the duty of support under Art. 98.

A legal obligation to support a spouse, even after divorce. This duty cannot be waived if it involves adultery, fault, or other issues.

FPS cannot be modified or waived to completely bypass the duty of support under Art. 98. The modification must be fair and avoid compromising the spouse's legal rights.

Spouses can modify their FPS agreement through a valid contract, but the modification can't go against the law or Art. 98.

You cannot legally waive Interim Spousal Support (ISS). This support is an extension of the overall duty of support.

FPS cannot be modified if it violates the spouses' duty of support, as defined by Art. 98. Modifications must be fair and legally sound.

A case where the court upheld the modification of FPS in a prenuptial agreement as long as it did not violate the duty of support.

Courts consider the physical well-being of both parents when deciding custody arrangements. Past abuse by one parent is no longer grounds for denying custody, focusing on the present safety of the child.

Courts consider the child's past experiences, like abuse, when deciding custody arrangements. This helps to ensure a safe and comfortable environment for the child.

Courts may consider a child's preference in custody decisions, but only if the child is deemed mature enough to express a reasonable preference and it is actually in the child's best interest.

A child's preference must be reasonable and not based on superficial or manipulative reasons, like a parent allowing more treats. Abuse is a clear sign that a child's desire to live with the abusive parent is unreasonable.

The primary factor courts consider when deciding custody arrangements is what is in the best interest of the child, including their safety, well-being, and developmental needs.

It's advisable to minimize a child's involvement in custody battles to avoid putting them in a traumatic position.

Courts assess a child's age to determine if they are mature enough to make an informed decision about their living arrangement.

Courts aim to create custody arrangements that ensure a child's physical and emotional safety and comfort.

A state has divorce jurisdiction if one or both spouses are domiciled within its boundaries. Domicile refers to a person's permanent home and intent to remain there. The divorce court does not need personal jurisdiction over the spouse who isn't domiciled.

A state generally lacks jurisdiction to grant a divorce if neither spouse is domiciled there. However, there are exceptions, as seen in the case of Johnson (although it's not the typical rule).

The Full Faith and Credit Clause of the U.S. Constitution requires states to honor valid divorce judgments from other states. This means a state must recognize the validity of a divorce granted in another state where one or both spouses were domiciled.

The Full Faith and Credit Clause only applies to judgments within the U.S. While enforcement of foreign divorce judgments is not required by FFC, courts can still exercise 'comity' and honor those judgments as a matter of courtesy.

Comity is a principle of international law where courts of one jurisdiction (like a state) respect and enforce the laws and judicial decisions of other jurisdictions (another country). It's based on mutual courtesy and respect between legal systems.

Divorce is a change in legal status, not just a property settlement. It's about ending the marital relationship. This is why only domicile, not personal jurisdiction, is needed for the court to have jurisdiction over a divorce case.

Domicile is the cornerstone of divorce jurisdiction. A state must have at least one spouse domiciled there for a court to grant a divorce.

While domicile is the general rule, some exceptions exist, as seen in the Johnson case. However, these exceptions are typically limited and don't change the underlying principle.