© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 FAMILY LAW © 2010 Pearson Education, Inc., publishing as Prentice-Hall CHAPTER 53

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 2 Premarriage Issues Promise to Marry –19 th century courts recognized actions for breach of a promise to marry. Today, courts do not recognize this breach. –Persons breaking engagement could be responsible for costs incurred.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 3 Engagement Fault Rule: If groom breaks engagement, woman keeps ring. If she breaks engagement, she returns ring. Objective Rule: If an engagement is broken off, the prospective bride must return the engagement ring, no matter who ended the engagement.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 4 Prenuptial Agreements Contract entered into prior to marriage. Specifies how property will be distributed upon termination of the marriage either by divorce or death. Each party must make full disclosure of all assets and liabilities. Each party should be represented by an attorney. If not voluntarily entered or if unconscionable, may be unenforceable.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 5 Marriage Legal union between spouses. Confers certain legal rights and duties upon the spouses and the children born of the marriage. –E.g., spouses must provide financial support.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 6 Marriage Requirements Established by state law. Most states require that parties be a man and a woman. Must be of certain age, or have parental consent. Marriages between close relatives prohibited.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 7 Marriage License State law requires marriage licenses. –Obtained at county clerk’s office. Some states require marriage ceremony. –After ceremony, license is recorded.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 8 Common Law Marriage In several states, even if no marriage license or ceremony, parties regarded as married if: –Parties eligible to marry, –They intend to be husband and wife, –They live together, and –They hold themselves out as husband and wife.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 9 Same-Sex Marriage Available in Massachusetts and Connecticut. Banned by state constitutions in over half the states. Several states allow civil unions but not marriage. Constitutional issues: –Argument that Equal Protection Clause demands recognition of same-sex marriages. –Question whether same-sex marriages obtained in other states must be recognized.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 10 Parents’ Rights and Duties Parents obliged to provide food, shelter, clothing, medical care, and other necessities. Must provide until child is 18 or emancipated. Child neglect if a parent does not provide.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 11 Parent’s Liability for Child’s Wrongful Act Parents not generally liable for child’s negligent acts. Parents liable if their negligence caused their child’s act. Some states have enacted child liability statutes. –Make parents financially liable for intentional torts of child.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 12 Adoption Person becomes legal parent to a child who’s not his or her biological child. May be agency adoption or independent adoption. Procedures established by state. Biological parents’ rights are terminated by legal decree or death. Court must formally approve.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 13 Agency Adoption Person adopts child from social services organization of the state. May be open adoption. –Biological and adoptive parents introduced before adoption. –Some states give visitation rights to biological parents. Requires court approval.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 14 Independent Adoption Private arrangement between biological and adoptive parents, usually through an intermediary. –Attorney –Adoption agency –Stepparent adoption Requires court approval

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 15 Foster Care Children placed under state care as temporary arrangement. State pays foster parent to care for child. Arrangement terminated when child returned to biological parents or adopted.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 16 Marriage Termination May occur through annulment or divorce. Annulment can occur when parties lacked capacity or consent. Declaration that marriage never existed. Divorce is an order of the court that marriage is terminated.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 17 Divorce Commenced via petition for divorce. –Traditionally, had to prove fault. –Today, no-fault divorce recognized in all states. Parties may reach settlement, or trial may be held. Divorce is final when a court issues decree of divorce. –May be waiting period before decree can be issued.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 18 Types of Marital Property Separate property owned by spouse prior to marriage, as well as inheritance and gifts received during marriage. –Each spouse usually is awarded his or her separate property. Marital property acquired during marriage, or separate property which changes title to jointly owned is considered marital asset.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 19 Division of Assets Some states follow the rule of equitable distribution. –Property is divided fairly between the individuals. –Consider length of marriage, occupations, child custody, other factors. Other states follow community property rule. –All property acquired during the marriage is divided equally between the individuals.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 20 Division of Debts Type of debt and state law determine how they are divided. Debts incurred during marriage for necessities and joint needs are considered joint marital debts. Spouses are jointly liable for taxes incurred.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 21 Spousal Support Alimony: money that court orders one divorced spouse to pay the other. –Can be temporary, rehabilitation, or permanent alimony. Spousal support terminates at death of spouse, remarriage, or if he or she becomes self-sufficient.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 22 Child Support Court-ordered payments made by non-custodial parent to provide financial support for his or her children. –Federal Family Support Act may allow wage withholding. Duty to pay continues until child reaches the age of majority or is emancipated. Award may be modified based on changed circumstances.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 23 Child Custody Parties agree or court decides who is legally and physically responsible for raising the child. Based on the best interest of the child. Parent awarded custody is the custodial parent and has legal custody.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 24 Joint Custody Both parents are responsible for making major decisions concerning the child. Sometimes awarded joint physical custody. –Child spends certain portion of time being raised by each parent.

© 2010 Pearson Education, Inc., publishing as Prentice-Hall 25 Visitation Rights If there is no joint custody, the non- custodial parent may have visitation rights. Court may order only supervised visitation.