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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WY Procedural Requirements: License | show 🗑
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State of Mind Requirements | show 🗑
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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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show | -Modification/elimination of spousal support
-making of will, trust, or other arrangement to carry out provisions of agreement
-ownership rights in and disposition of the death benefit from life insur. policy
-choice of law governing constr
-any other
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show | Crts will strictly scrutinize for good faith and lack of undue influence. Factors Considered:
-Voluntariness
-Full and Fair Disclosure
-Fair Provision
-Independent Counsel
Under UPAA-consider voluntariness and unconscionability
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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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The Marriage Relationship: Suits between Spouses | show 🗑
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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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The Marriage Relationship: Spousal Abuse and Protective Orders WY | show 🗑
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Family Privacy: Common Law | show 🗑
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show | -Right of privacy not in US Const, but US S.Crt has recognized-right of personal privacy is const'lly protected- it is implicit in the concept of "liberty" w/in protection of DP Clasue.
-Privacy=fundamental right, regulation of it is invalid unless NtoCG
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show | 1) Spousal Immunity= a marreid person may not be compelled to testify against her spouse in any criminal proceeding (belongs to witness spouse)
-May be invoked only during valid marriage
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Husband-Wife Evidentiary Privilege; Privilege for confidential marital communciations | show 🗑
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Parent-Child Privilege | show 🗑
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show | Elements, must prove:
1) love and affection of the spouse for P
2) overt acts, conduct, or enticement on part of D causeing affections to depart
3) acutal damages
4) a casual connection btwn conduct and loss of affection
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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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Voidable Marriages | show 🗑
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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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Defenses to Voidable Marriages | show 🗑
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Annulment: WY Void and Voidable | show 🗑
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show | -Usually crts try to divide the property by giving each party that property to which he has legal or equitable title.
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Annulment Divsion of Property: WY | show 🗑
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Divorce and Separation WY | show 🗑
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WY Fault Grounds | show 🗑
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Jurisdiction and Recognition of Decrees: Residnecy Requirments | show 🗑
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show | -Crt will distribute property according to the equitable divsion approach, dividing all the prop owned by either spouse, no matter when or how acquired or how title is held. Crts strive for equal division
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WY Factors Considered in Dividing Prop | show 🗑
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show | -When retirement funds are divided as part of prop division, they are valued as vested at the time of divorce, plus the reasoned valuatoin in present $ of nonvested increments, or, if an immediate case pymt req'd, the after-tax value of acount is used
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WY Professional License or Degree | show 🗑
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Spousal Support | show 🗑
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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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Amount of Spousal Support: Factors Considered Continued | show 🗑
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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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show | -may be awarded, not favored
-Objective criteria and controlling factor for an award of spousal support is the ability of the payor spouse to pay and the need for the support by the recipient spouse in the future
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WY: Effect of Marital Fault | show 🗑
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show | Generally: terminates upond death or remarriage...in WY remarriage can be change in circumstances, but it does not automatically cancel obligation w/out add'l crt action
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Child Support | show 🗑
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WY: Child Support: Amt of Award: Guidelines | show 🗑
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show | -Number of children
AND
-parent's combined income
--amt set by guidelines in a particular case is divided btwn parts in proprtion to the net income of each
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show | -crt may deviate from presumptive CS amt upon a finding that applying the presumptive child support would be unjust or inappropriate
-if the crt does deviate from presumptive amt, reasons for deviation must be specifically set forth in the order
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WY: Factors Considered in Deviation | show 🗑
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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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show | -a clause may be inserted in CS order that will automatically increase noncustodial parent's support oblig based on anticipated changes in that parents income=escalation clause
-noncust'l parents support oblig may be decreased based on time spent togethe
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show | -CS ceases upon childs death, emancipation, marriage, or TPR.
-some crts may order continued pymts if child remains a full-time student or if child is severly disabled and has no capacity to be self-supporting adult
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WY: Termination of Duty of Child Support | show 🗑
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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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