FAMILY LAW

Ceremonial Marriage-Need to be at least 16. If younger than 16, the court needs to decide if
marriage is in the best interest of the party.
-If younger than 18, you need consent of parent or legal guardian
- need a marriage license
-be free from any mental illness or defect
-have a member of the clergy solemnize marriage
Common Law Marriage
-Agree parties are married
-Live together
-Hold themselves out as being married
-be before 1/1/2005
-be free from any mental illness or defect
-both parties must intend to enter into marriage and must be
evidenced by words in the present tense.
-be 18 or older

AnnulmentVoid Marriage-treat marriage as if marriage never happened.

-Void if: prior existing marriage, but if they continue to cohabit and
one entered into later marriage in good faith in the full belief that former spouse
was dead, former marriage was annulled or terminated by divorce or without
knowledge of former marriage. Incest, mental capacity, age if either of the parties
were under the age of 18, the marriage is void.

Voidable MarriageAge- if either person was under 16 and they did not obtain permission
from the court to marry, the marriage is voidable. If parties were 16 or 17 and did
not have the parental consent or court approval, the marriage is voidable.
Annulment must be filed within the first 60 days of the marriage.
Impotence, Intoxication, fraud, duress, coercion or force.

Divorce-Pennsylvania recognizes both fault and no fault grounds.

No-fault
Bilateral- mutual consent of both parties and affirm consent
by affidavit and the marriage is irretrievably broken and no
prospect for reconciliation. Court may not grant divorce until
90 days after the commencement of the action.
Unilateral- divorce is granted if both parties have lived apart
for at least 2 years, marriage is irretrieavably broken, facts
have been confirmed by an affidavit.
Parties can be living in the same house but have no
cohabitation.

FaultAdultery
Cruelty
Desertion
Bigamy- one party to marriage knowingly entered into a priorlegal
marriage
Imprisonment
Indignity-negative behavior toward the other, spouses life is
intolerable and life burdensome.

Defenses:
Recrimination- both parties commit wrongdoing
Connivance- consent of or participation in the marital wrong.
Condontation- Forgiveness
Collusion-both parties conspired to fabricate grounds for
divorce
Provocation- If misconduct was provoked by the moving
party.
InsanityConsent-Defense to desertion or adultery
Justification-

Spousal Support or Alimony Factors

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Financial Resources
Standard of living
Time
Length of marriage
Age and Health
Spouses Needs
Contribution
Marital Misconduct

Spousal Support May be modified if spouse dies, if receiving spouse remarries,

or receiving spouse cohabits with someone who is not family or any significant
change in circumstances.
Child Support- both parents are required to support their minor children and
exists until the child turns 18 or graduates from high school. Court will issue and
order, usually to the noncustodial parent. Child Support comes from monthly
income of properties..

FACTORS IN DETERMINIG CHILD SUPPORT

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Age of Children
Unusual Needs or obligations
Support Obligations of parties
Assets of the parties
Medical expenses outside of insurance coverage
Standard of living
Duration of Marriage
Best interests of Child.

AUSA MS DB
AUSA MEETS SOUTHERN DEAD BEAT

Modification of Child Support- May be modified if there is a material and

substantial change in circumstances regarding childs needs or parents financial
situation.
PA law requires a party to a child support case must immediately disclose a
change in financial status, especially when her income increases.

Child Support usually ends when child reaches 18 except if child is unable to
support himself or has a mental or physical disability or if child is self supporting
individual independent of parental control.
UIFSA-Uniform Interstate Family Support Act
-simplifies collection of support payments when the obligor or child resides in
jurisdiction other than one in which the original order was issued.

CHILD CUSTODY
Legal Custody-right to make decisions affecting the childs life
Physical Custody- actual possession and control over child
Shared Custody- encompasses either or both legal and physical custody

UCCJEA- Uniform Child Custody Jurisdiction and Enforcement Act

1. must be childs home state or
2. Was the childs home state in the past 6 months and child is absent from
the state, but one of the parents continues to live in the state
Court can enter or modify an order if:
1. No other state has or accepts home state jurisdiction and
2. Child has at least one parent who had a significant connection with the
state and
3. Substantial evidence in the state concerning the childs care, protection,
training and personal relationships.
RELOCATION
No relocation may take place unless all parties with custodial rights to child give
consent or court approves the relocation. Party proposing relocation must
provide notice to all parties with custodial rights at least 60 days prior to
relocation. Party proposing relocation must prove that it is in best interest of the
child.
MARITAL Agreements- was individual informed of right to counsel and given
opportunity to consult counsel