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Domestic Relationship
NY Bar Exam
6
Law
Graduate
03/11/2014

Additional Law Flashcards

 


 

Cards

Term
Marital Property
Definition
Under DRL, marital property is all property acquired by the spouses during the marriage or prior to the separation agreement regardless of how the property is titled.
Term
Maintenance(Commonly Known as Alimony)
Definition
Under DRL, maintenance is payments provided for in a valid agreement between the parties, or awarded by the court, to be paid at fixed intervals for a difinite or indifinte amount of time. An award of maintenance will terminate upon the death of either party or upon the recipient's valid or invalid marriage, or upon modification.
Term
Ex Parte Divorce
Definition
Under DRL, an ex parte divorce is a divorce rendered upon the defendant without personal jurisdiction over the ddfendant that is founded upon the court's jurisdiction over the marriage.
Term
Separation Agreement
Definition
Under DRL, a separation agreement is a legally enforceable document in which husband and wife decide to live apart from each other. The separation agreement must be freely made,in writing, signed y both parties, acknowledged and filed in the office of the county clerk whether either party resides prior to the divorce.
Term
Antenuptial Agreements
Definition
Under DRL,an antenuptial agreement is an express contract between prospective spouses in contemplation of marriage, typically addressing economic matters in the event of divorces after marriage, provisions for testamentary dispositions, and any other topics related to the marriage.
Term
Doctrine of Equitable Estoppel
Definition
The doctrine of equitable estoppel prevents a biological father from claiming paternity, or it prevents a non-biological father from denying paternity after he previously claimed to be the father or acquiesced to being the father for a prolonged period.
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