Chapter 53 Family Law

Learning Objectives Define marriage and enumerate the legal requirements of marriage Define divorce and no-fault divorce and describe divorce proceedings

Learning Objectives Describe how assets are distributed upon the termination of marriage and explain the requirements for awarding spousal support Explain child custody, visitation rights, joint custody of children, and child support

Marriage Legal union between spouses that confers certain legal rights and duties upon the spouses and upon the children born of the marriage Marriage requirements Most states require that the parties be a man and a woman Parties must be 18 years of age or older Emancipation: Minor is not supported by his or her parents and provides for himself or herself

Marriage Marriage license Legal document issued by a state which certifies that two people are married Some states require a marriage ceremony Common law marriage Marriage license has not been issued but certain requirements are met, such as eligibility, voluntary agreement, etc.

Parents and Children Parents have an obligation to provide food, shelter, clothing, medical care, and other necessities to their children until a child reaches age 18 Parents have right to control the behavior of their children Child neglect: occurs when a parent fails to provide a child with the necessities of life or other basic needs

Annulment Order of the court which declares that a marriage did not exist Grounds to obtain legal annulment: One of the parties was a minor and had not obtained his or her parents’ consent to marry One of the parties was mentally incapacitated One of the parties was intoxicated Marriage was never consummated

Divorce Order of the court that terminates a marriage No-fault divorce Neither party is blamed for the divorce Spouse wishing to obtain a divorce merely has to assert irreconcilable differences with his or her spouse Pro se divorce Parties represent themselves in the divorce action

Divorce Proceedings Petition for divorce: document filed with the proper state court that commences a divorce proceeding If the spouses do not reach a settlement of the issues involved in the divorce, case will go to trial Six months after the divorce petition is filed, a court will enter a decree of divorce, which is a court order that terminates the marriage In case of likely harassment, court issues a restraining order

Divorce Settlement agreement Document signed by divorcing parties that evidences their agreement settling property rights and other issues of their divorce Prenuptial agreement Contract entered into prior to marriage that specifies how property will be distributed upon the termination of the marriage by divorce, annulment or death

Division of Assets Separate property Property owned by a spouse prior to marriage Inheritances and gifts received by a spouse during marriage Marital property Property acquired during the course of marriage Income earned by the spouses during marriage Separate property converted to marital property

Division of Assets Equitable distribution of marital property Court orders a fair distribution of marital property to the divorcing spouses Does not mean equal distribution of property Community property distribution of marital property Marital property is divided equally between the parties

Case 53.1: Separate Property In the Matter of the Marriage of Joyner 196 S.W.3d 883, Web 2006 Tex.App. Lexis 5691 (2006) Court of Appeals of Texas Issue Is the $2,080,000 lottery winning separate property that Thomas can keep, or is it community property that needs to be divided between Thomas and Belinda?

Division of Debts Each spouse is personally liable for his or her own premarital debts Joint marital debts: debts incurred during the marriage for joint needs Court may equally distribute these debts upon termination of the marriage Spouses are jointly liable for taxes incurred during their marriage

Spousal Support(Alimony) Payments made by one divorced spouse to the other divorced spouse Temporary alimony: payments made by one divorcing spouse to the other divorcing spouse for a limited period of time Permanent alimony: payments made by one divorcing spouse to the other divorcing spouse until the receiving spouse dies or remarries

Child Support Payments made by non-custodial parent to provide financial support for his or her children Duty to pay continues until child reaches the age of majority or is emancipated Based on circumstances, award of child support is subject to changes

Family Support Act Provides for the automatic wage withholding of child support payments from a noncustodial parent’s income Designed to prevent noncustodial parents from failing to pay required support payments

Child Custody Award of legal custody of a child to a parent in a divorce or annulment proceeding Based on the best interests of the child, such as education, stable environment, etc. Custodial parent: parent who is awarded custody of a child in a divorce or annulment proceeding

Child Custody Joint custody: gives both parents responsibility for making major decisions concerning their child Joint physical custody: child of divorcing parents spends a certain amount of time being raised by each parent Visitation rights: rights of a noncustodial parent to visit his or her child for limited periods of time

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.