Term
| May cohabitants, who are unmarried, agree to a financial arrangement in the future is their relationship ends? |
|
Definition
| Today, yes... provided tha tthe consideration was not predicated on sex. That would be contrary to NY public policy because it would be a form of prostitution. |
|
|
Term
| If two cohabitants live together for a number of years and one relies on another. for example, they have a stereotypical husband works, wife home chillin... is there an implied agreement that the guy is indebted to her if the relationship ends? |
|
Definition
| No palimony. Man s only bound if there is an express agreement to provide support for the gf after the relationship ends. |
|
|
Term
| When are pre-nuptial or antnuptial agreements considered enforceable? |
|
Definition
1. Freely made
2. Has to be in writing and signed by bioth parties (SOFs)
3. The temrs of the pre-nup cannot be unconscionable.
4. There has to be a marriage... these are contingency agreements the condition is marriage. |
|
|
Term
| In the context of pre-nups, what does it mean for a the terms of a PN to be unconscionable? |
|
Definition
| When the pre-nup would leave one spouse a sa public charge. |
|
|
Term
| In the context of pre-nups, what does it mean for a the terms of a PN to be unconscionable? |
|
Definition
| When the pre-nup would leave one spouse a sa public charge. |
|
|
Term
| Pre-nups can be virtually about anything re: the marrige: elective share, division of chores, money, gifts, alimony, child custody.... etc what can't they agree to? |
|
Definition
| They cannot agree to divorce: they can not agree to time-limit their marriage. |
|
|
Term
| Idf a child is conceived before marriage is it a non-mrital child? |
|
Definition
| Yes, unles the child is born after the parents are married. |
|
|
Term
| Are non-marital children entitled to support from both parents? |
|
Definition
|
|
Term
| What proceeding is brought to determne paternity of non-marital child? |
|
Definition
| It is called a filliation proceeding. |
|
|
Term
| Where are fillation proceedings brought? |
|
Definition
|
|
Term
| Who may bring a filliation proceeding? |
|
Definition
| Mother, father, child through guardian or the state of NY. |
|
|
Term
| When must the filliation proceeding be brought? |
|
Definition
| By the child's 21st birthday. |
|
|
Term
| When a filliation proceeding is brought what burden must be met to determine paternity? |
|
Definition
| clear and convincing evidence. |
|
|
Term
| At filliation proceeding does the mother's testimony have to be corroborated? |
|
Definition
|
|
Term
| At the filliationproceeding if the suspected father alleges tha thte mother was a slut, does he need to provide proof for his allegations? |
|
Definition
| Yes. this is a situation where a woman's sexual history may be discussed freely in court. |
|
|
Term
| If DNA is presented at a filliation proceeding, and it shows greater than a 95% proobablity tha tthe guy is the father's child what happen? |
|
Definition
| The DNA creates a rebuttable presumption and the guy must show tha tsex with the mother at tha ttime was imposible. I ws in Iraq... I have no nuts, not sterile, transvestite. |
|
|
Term
| What are the prerequisites to becoming married? |
|
Definition
| age, sound mind at the time of the marriage, not married. |
|
|
Term
| If you have capacity, what else mut you need to be married? |
|
Definition
| A license and a mceremony. |
|
|
Term
| Who gives the marriage license? |
|
Definition
|
|
Term
| How long must you wait to be married from receipt of the license? |
|
Definition
|
|
Term
| How long is a marriage license ood for? |
|
Definition
|
|
Term
| Will a defect in the license render your marriage invalid? |
|
Definition
|
|
Term
| Does NY recognize contractual marriages? |
|
Definition
|
|
Term
| What are the requitrmeentso f the marriage ceremony? |
|
Definition
| It must take place before an afficient and 1 witness. |
|
|
Term
| Who qulifies to be an afficient in NY? |
|
Definition
| A judge, a relgious guy or a civil officer. |
|
|
Term
| In NY can you get married at sea by a deck hand? |
|
Definition
|
|
Term
| Wha tis the status of common law marriages in NY? |
|
Definition
| Common law marriages are not recognizd for New Yorkers. New York, nonetheless, will respect uder the principle of comity common law marriages that are properly attained from states that permith them. |
|
|
Term
| What legal duties are affiliated with marriage? |
|
Definition
1. sexual exclusivity
2. mutual economic support
3. evidentiary privileges
4. sue one another
5. own separate property
6. maintain surnames
7. accrue separate debt |
|
|
Term
| How much support is a spouse entitled to? |
|
Definition
| There is a means test employed, so it is a subjective test. At the minimum the spuse has the right to not be a pubi charge. |
|
|
Term
| Can a spuse be made t pay support to another whule married? |
|
Definition
| Yes, a spouse may sek a judicial order for support wthout affecting the sttut sof their marriage. |
|
|
Term
| Generally, spouses may incur debts independently, what are exceptions to this rule? |
|
Definition
| 1. When ne spouse incurs a debt for necessaries the other spuse may be liable. If one spuse acts as a n agent to the other, the prncipla spuse may be liable for the debts incurred by the other when the debt was in furtherance of the agency relationship. |
|
|
Term
| Are heartblam actions actionable in NY? |
|
Definition
| No, and if a party seeks to pursue one felonny charges may be brought against you. |
|
|
Term
| What are the 5 ways to end a marriage? |
|
Definition
1. Declaration of nullity
2. Annullment
3. Legal Separation
4. Divorce
5. Dissolution |
|
|
Term
| Wha tis a declaration of nullity? |
|
Definition
| It as a cause of action where the marriage is void: as if it never happened because the incapacity to marry was so great. |
|
|
Term
| What ae grounds for a declaration of nullity? |
|
Definition
|
|
Term
| What creepy marriages can occur in NY? |
|
Definition
| A person can marry their great aunt or their cousin. |
|
|
Term
| Why seek a declaration of ullity, if the marriage never existed anyway? |
|
Definition
| May need the court's help to divide assets. May also want ti for clarity reasons so that you can straighten out records etc. |
|
|
Term
|
Definition
| An annulment is a voidable marriage. It is a marriage with an infirmity that will undo the marriage, but not make it void if the infirmity passes or one souse accepts the infirmity. |
|
|
Term
| What are the 6 grounds for an annulment? |
|
Definition
1. age
2. mental incapacity at the time of the marriage
3. Duress
4. Fraud
5. Incurable physical capacity that does not permit safe sexual intercourse
6. Mental incapacity for 5 years subsequent to marriage |
|
|
Term
| For pursposes of an annulment, what are the rules regarding age? |
|
Definition
Generally, need to be 18 to marry. If you are over 16 can get married with consent of both parents. If older than 14, but under 16 need the consent of both parents and judge (supreme court or family court).
If the underageperson was married improperly becuse of their age, but the couple continued to cohabitate: live and fuck.... then no longer voidable if are 18. |
|
|
Term
| What are the rules regarding mental incapactiy and annulment? |
|
Definition
| The guardian of the plaintiff must ahow tha ta tthe time of the marriage one party "lacked a want for understanding." |
|
|
Term
| When will you not be able to get an anullment on the fgrounds of duress? |
|
Definition
| When you freely cohabitate after the shotgun marriage. |
|
|
Term
| In the context of annulment, wha tis deemed fraud? |
|
Definition
| Fraud is the concealment or misrepresentation of a fac that goes to the essentail aspect or the core of the marriage, the marriage may be annulled. |
|
|
Term
| What are the three most comon fraud fact patterns: |
|
Definition
1. lie about religion, denomination, level of commitment, intent to convert
2. Sex and having children: lie about paternity of a baby, lie about willingness to have children, conceal the fact that you are unable to have a child, lie about how many peple fucked, but not that you were a prstitute,may get an annument for misrepresentation of a sexual agenda. |
|
|
Term
| What is not considered fraud for purposes of a annulment? |
|
Definition
| Job, how much money make, |
|
|
Term
| In re: fraud, what must someone do to end the marriage? |
|
Definition
| Even if someone moves out of the house and stops cohabitating they must bring a suit 3 years from dsicovery. |
|
|
Term
| Incurable Physical Capacity: Sex wha tis this? |
|
Definition
| This is anot about the ability to have a child, it is about the ability to actually fuck. If it can be rectified with blue pill an annulment will not be granted. This has ntohing to do with not being affectionate. This is the only action that will not have a jury. |
|
|
Term
| To get an annulmen ton the grounds of mental incpacity for 5 years subsequent to marriage, what must plaintiff show? |
|
Definition
| The plaintiff mut have three court appoited physicians that agree about the mental considtion. Ther eis not time parameters to bring this action. |
|
|
Term
| To get an annullment what must the parties need? |
|
Definition
| Need corroboration. All actons except for the physical impairment grounds will be tried before a jury. All of the grounds may be waived if don;t bring it within 6 years unless specified specifically. |
|
|
Term
| Waht is a legal separation? |
|
Definition
| A legal separation is a court order tha tdoes not divorce couple, but allows them to live separately, but enjoy the privileges of marriage. This COA results na support order. Couples may want to go this route for religious reasons. |
|
|
Term
| Are there juries for legal separations? |
|
Definition
|
|
Term
| Can leal separations be temporary? |
|
Definition
| Yes. Permanent or temporary. |
|
|
Term
| Wha tar ethe grounds needed for a legal separation? |
|
Definition
1. Cruel and inhumane treatment
2. Abandonment
3. Adultery
4. Imprisonment for 3 or more years
5. Failure to provide economic support |
|
|
Term
| Can mental cruelty be considered cruel and inhumane treatment for purposes of legal separation? |
|
Definition
| Yes, mental or ohysical cruelty suffices. |
|
|
Term
| For a legal separation to be granted on the grounds of druel or inhumane treatment, what must a the victim show to be successful? |
|
Definition
| That it would be unsafe or improper to continue cohabitation, the conduct, and the consequence of the conduct. |
|
|
Term
| In a petition for a legal separation on the grounds of C&I treatment, does evidence tha thtere ws cohabitation bar the plaintiff from receiving the separation? |
|
Definition
| No, but it is a factor a court will consider. |
|
|
