Family Law
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| show | -creation of the status of husband and wife
-once this status has been formed, the law imposes various obligations and liabilities on the parties
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| Limits on who may marry | show 🗑
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| show | Marriage is specifically defined as a civil contract between a male and female
-same-sex marriages that are valid in a state where they are entered into is valid in WY
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| show | 1) License
2) Solemnization: by a ceremony performed by a judicial officer or a member of clergy
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| show | Expires after one year unless the marriage has been solemnized
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| show | 1) Capacity to Consent
2) Intent (own free will, intend to enter into)
3 Marriage for a Limited Purpose: "sham marriage"
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| Common Law Marriage | show 🗑
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| show | doctrine enables a crt to provide equitable relief to a party who acted in good faith in enteirng a marriage that was subsequently declared invalid.
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| show | -Purpose= to provide for a distribution of assets upon divorce or death in a way that is different from what the law would ordinarily require
-Fall within SoF (must be in writing and signed by the party charged)
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| show | Uniform Premarital Agreement Act (UPAA)
-rights/obligations in any of the prop of either/both of them
-the right to buy, sell, lease, assign, dispose of, or otherwise manage and control prop
-disposition of prop upon separation, dissolution, death, etc
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| Contents Continued | show 🗑
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| Premarital Contract: Enforcement by Court | show 🗑
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| show | Consideration- the marriage is sufficient consideration for a prenuptial agreemtn, but once a couple marries, a postnuptial agreement requires additional consideration or it will be void
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| WY Content of Premarital Contract | show 🗑
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| The Marriage Relationship: Property | show 🗑
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| show | -Traditionally, crts reluctant to impose liability
-Abolished Doctrine of Interspousal immunity retaing exception only for highly private activity
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| The Marriage Relationship: Marital Rape | show 🗑
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| show | Many states have enacted legislation that criminalizes the condcut and icreases police involvement
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| show | -Spouse who is a victim of DV can seek order of protection.
-an order of protection is effective for a fixed time not to exceed one eyar, although it may be extended for good cause shown
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| show | -In general, the internal affairs of a family cannot be regulated by the courts
-Families have the righ to expect privacy for actions within their homes and freedom from governemental interference with their domestic affairs
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| Family Privacy: Constitutional Privacy | show 🗑
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| Husband-Wife Evidentiary Privilege; Spousal Immunity | show 🗑
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| Husband-Wife Evidentiary Privilege; Privilege for confidential marital communciations | show 🗑
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| show | a privilege for parent-child communications has been recommended by some legal scholars, but has not gaind acceptance in the courts
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| Tortious Interference with the Martial Relationship (actions of deprived spouse agaisnt 3rd party) | show 🗑
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| Criminal Conversion | show 🗑
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| show | In most states, either spouse may maintain an action for loss of the other's consortium due to injuries from Ds negligence
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| Termination of Marriage: Annulement | show 🗑
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| show | -One that never existed
-Marriages void: Bigamy or Polygamy, Consanguinity
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| show | -Spouse may bring an action to have the marriage declared invalid because of an impediment existing at time of marraige
-Voidable Marriages: nonage, incurable physical impotence, Lack of Capacity (mental, Duress), Fraud (goes to essentails of marriage)
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| show | No impediment- deny the existence of the defect that allegedly caused the marriage to be void...if this impediment is removed then the marriages becomes voidable
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| show | Equitable Dfenses: other than denying existence of defect and ratification; have laches, estoppel, and unclean hands.
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| show | Consanguinity: Void
Incurable Physcial Impotence: must be brought within 2 yrs of solemnization
Lack of Mental Capacity: void
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| Annulment Divsion of Property | show 🗑
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| show | Property is subject to equitalb edivsion under the same statutory provisions used to divide property under a divorce
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| show | "No Fault" divorce
WY allows divorce on the ground of irreconcilable differences
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| WY Fault Grounds | show 🗑
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| Jurisdiction and Recognition of Decrees: Residnecy Requirments | show 🗑
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| WY Division of Prop | show 🗑
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| WY Factors Considered in Dividing Prop | show 🗑
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| WY Pensions | show 🗑
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| show | -not property with value divisible in divorce
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| show | -may be awarded while parties are still married, during the pendency of a divorce, or as part of the terms of a divorce decree
-purpose is to ensure an adequate income stream for persons whose economic dependency has resulted from the relationship
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| show | -standard of living established during marriage
-duration of marriage
-age, physical and emotional conditions of both parties
-financial resources of each party
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| show | -amt of time needed to obtain education or taining to enble either party to find appropriate employment; and
-ability of spouse from who spousal support is sought to meet his needs while also payin spousal support
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| show | - Permanent Periodic Spousal Support: paid regularly; modifible by petitioning crt and demostrating substantial change in circum.
-Rehabilitative Spousal Support: periodic pymts for limited period of time calculated to enable spouse to gian skills/educ
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| Types of Spousal Support Cont... | show 🗑
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| WY: Amt of Spousal Support | show 🗑
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| WY: Effect of Marital Fault | show 🗑
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| WY: Termination of Spousal Support-Period Pymts | show 🗑
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| Child Support | show 🗑
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| WY: Child Support: Amt of Award: Guidelines | show 🗑
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| WY: Amt of Presumptive Support Based on... | show 🗑
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| WY: Deviation from Child Support | show 🗑
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| show | 1. age of child
2. cost of necesssary day care
3. any special health/educ'l needs of child
4. responsibility of either parent for support of other children
5. value of services provided by either parent
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| show | 6. any pregnancy-parents not married @ time of childs birth
7. costs of transportation to/from visitation
8. ability of parents to furnish health insurance
9. amt of time the parent spends w/ child
10. any other necessary expenses for benefit of child
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| WY: Factors Considered in Deviation Cont.. | show 🗑
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| WY: Escalation and Abatement of Child Support | show 🗑
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| Termination of Duty of Child Support | show 🗑
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| show | -parents oblig to support child continues past age of majority if child is btwn age of majority and 20 yrs and is attending high school full-time
-ongoing CS oblig will terminate if parets marry or remarry each other
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| show | -Only periodic spousal support may be modified-if there is no award in divorce order there is no ongoing award to modify and all future rights to spousal support are terminated
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| Spousal Support: Grounds for Modification | show 🗑
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| show | -substantial change in circumstances affecting the needs of the children or the ability of parents to pay.
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| show | 1. employment;
2. growth of children
3. inflation
4. income
5. retirement
6. disabiling illness
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| WY: Modification of Chlid Support | show 🗑
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| WY: Modification: Substantial Change in circumstances.... | show 🗑
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| WY: Modification: Retroactive Modification | show 🗑
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