Family Law Micro Review

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Family Law GA bar review
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  Family Law Micro Review 1.   Getting Marrieda.   Before Marriage = In GA engagement is a K.i.   Breach of promise to marry sounds in K (dmgs are actual dmgs partysuffers.)ii.   Gifts in contemplation of Marriage = Engagement rings and wedding gifts conditioned upon subsequent marriage. If marriage doesn’t occur they must be returned.b.   Marriage limitationsi.   Age = Minimum age is 18, 16 & 17 year olds can marry with parentalconsent, Minor emancipated children can marry at any age.ii.   Consanguinity or affinity (certain relatives can’t marry) 1.   Parents and Children (or step children)2.   Grandparents & Grandchildren3.   Siblings (whole or half blood)4.   Aunts & Nephews5.   Uncles & Nieces6.   (Note that Cousins can marry in GA.iii.   Same sex couplesiv.   Mental Capacity (ability to comprehend ceremony and agree tomarriage)v.   Physical capacity (Both need capacity of successful intercourse.)vi.   No Bigamy or Polygamy.c.   Procedural Requirementsi.   License (no medical exam, no waiting period)ii.   Marriage Ceremony = Georgia requires one. (common law marriageabolished Jan. 1, 1977.)1.   GA supreme court 2010 ruling, common law marriages fromanother state valid under full faith and credit clause.iii.   Solemnization = performed by judge, minister or person of anyreligious sect authorized by sect. (not invalidated if person solemnizingthe ceremony.)iv.   Physical presence = Both parties need to be present to sign marriagelicense.v.   Consummation = Must be consummated (meaning signature of partyperforming the marriage.)vi.   State of mind requirement 1.   Capacity to consent: mental capacity to understand actions andagree to them (alcohol may remove capacity)2.   Intent: Both parties enter because of free will.d.   Pre-Martial Ki.   “Mariage articles” are pre-maritail K between parites that arecontingent upon marriage.1.   Form = oral or written. (but not invalidated for improper form)2.   Witnesses = need at least 2 witnesses.  3.   If in writing, must be liberally construed in accordance with parties’ intent. (court scrutinizes articles contemplatin divorcemore heavily.)ii.   General K principles apply1.   Entry into marriage is sufficient consideration to support marriage.2.   Scrutinized for good faith and lack of undue influence.3.   Must be recorded to affect 3 rd parties.4.   Unconscionable K will not be enforced.5.   NOTE: courts won’t enforce custody provisions in Marriage articles.2.   The Marriage Relationship.a.   Rights and responsibilities of spouses = Tennants in common.b.   Tortious Interference with the Maritial relationship = GA doesn’t recognize ALIENATION OF AFFECTIONS or CRIMINAL CONVERSATIONS causes of actions. Loss of consortium is still available.c.   Suits between spouses = Interspousal immunity. Eroded doctrine to allowsuits if traditional policy reasons are not present. (no interspousal immunityin wrongful death cases)d.   Support = spouses have duty to support each other and each is liable to 3 rd  parties for necessaries purchased by the other.e.   Privilege = Communications between spouses are privileged. Claimed byeither spouse, only waivable by spouse against whom testimony is sought.3.   Termination of Marriage (either annulment or divorce)a.   Annulment = viable for defect marriages (void or voidable)i.   Grounds = bigamy/polygamy, consanguinity, insufficient age, incurablephysical impotence, lack of capacity, mental incompetence, duress,fraud.1.   May not be granted if children are born or to be born to themarriage.ii.   Void marriage is null from inception. (attackable by either party or 3rdparty.) Cannot be ratified.iii.   Voidable = event or condition affecting adequacy of consent, treated asvalid till annulled. (Attackable only by party to the marriage, sometimesonly party sought to be protected.) Can be ratified (commonly bycohabitation.)iv.   Effect of annulment = marriage set aside as if never existed. Alimonymay be awarded, Child support may be awarded if there are childrenbetween the couple born before the marriage.b.   Divorce and Separationi.  
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