FAMILY LAW — BAR ONE-SHEET (ELEMENTS & MNEMONICS)
Lean issue-spotting checklist — elements and mnemonics only. Pair with the full Family Law Master Outline for depth, then practice timed essays with AI feedback at BarExamNextGen.
KEY PRINCIPLE #1 — MARRIAGE & PREMARITAL AGREEMENTS
Valid marriage — "License + Ceremony + Capacity": license, solemnization, both parties capacity (age, not too closely related, not already married, consent).
- Void (bigamy, incest) vs. voidable (age, fraud going to essentials, duress, impotence).
- Common law marriage (minority of states) — capacity + present agreement + cohabitation + holding out as married.
- Putative spouse — good-faith belief in valid marriage → equitable protection.
Premarital agreement (UPAA) enforceable unless: (1) involuntary, OR (2) unconscionable when made AND no fair disclosure + no waiver + no adequate knowledge of assets. Must be in writing/signed. Cannot bind on child support; spousal support waivers scrutinized.
KEY PRINCIPLE #2 — DIVORCE GROUNDS & DEFENSES
- No-fault — irreconcilable differences / irretrievable breakdown (all states); some require separation period.
- Fault grounds — "AICDA": Adultery, Insanity, Cruelty, Desertion, Adultery" (also habitual drunkenness, imprisonment). Fault may affect alimony/property in some states.
- Defenses (fault) — "CCRR": Collusion, Connivance, Recrimination, Condonation (largely obsolete with no-fault).
- Jurisdiction: divorce needs domicile of one spouse (divisible divorce — status vs. financial/in personam over respondent).
KEY PRINCIPLE #3 — PROPERTY DIVISION
Equitable distribution (majority) — divide marital property fairly (not necessarily equally). Community property states: 50/50 of community.
- Marital property = acquired during marriage (regardless of title).
- Separate property = pre-marital, plus "GIB": Gift, Inheritance, Bequest to one spouse (+ property acquired in exchange). Watch commingling/transmutation and active appreciation of separate property.
- Factors: duration, contributions (incl. homemaker), economic circumstances, dissipation.
- Special assets: pensions (marital to extent earned during marriage), professional degree/license (most: not property, but reimbursement/alimony), goodwill.
KEY PRINCIPLE #4 — ALIMONY / SPOUSAL SUPPORT
Types — "PRiL-Reim": Permanent, Rehabilitative, Limited-duration, Reimbursement":
- Factors: financial need + ability to pay, marriage length, standard of living, age/health, contributions, earning capacity.
- Modifiable on substantial change of circumstances; terminates on death or (usually) remarriage/cohabitation.
- Distinguish from property division (property = non-modifiable, survives death).
KEY PRINCIPLE #5 — CHILD CUSTODY: BEST INTERESTS
Standard = best interests of the child. Factors — "WHO PALS": Wishes (child + parents), Health (mental/physical), Opportunity for interaction, Primary caretaker, Adjustment to home/school/community, Love/relationships, Safety (domestic violence)."
- Legal custody (decisions) vs. physical custody; joint vs. sole.
- NO presumption by gender; constitutional preference for fit biological parents over non-parents.
- Modification: substantial change in circumstances + best interests. Visitation: denied only if serious harm. Relocation: custodial parent's good-faith move balanced vs. child's interest.
KEY PRINCIPLE #6 — UCCJEA (CUSTODY JURISDICTION)
Jurisdiction priority — "Home State first":
- Home state = where child lived with parent 6 consecutive months before filing (or since birth if <6 mo).
- Then significant connection + substantial evidence; then more-appropriate-forum; then default.
- Exclusive continuing jurisdiction stays in rendering state until no significant connection/everyone leaves.
- Emergency jurisdiction for abandonment/abuse (temporary). UCCJEA + PKPA govern enforcement of sister-state orders.
KEY PRINCIPLE #7 — CHILD SUPPORT
- Both parents owe support per state guidelines (income shares or percentage-of-income model).
- Based on income, number of children, custody/parenting time; deviation requires findings.
- Modifiable on substantial change; cannot retroactively modify accrued arrears.
- UIFSA — one controlling order; issuing state has continuing exclusive jurisdiction; long-arm to establish; registration for interstate enforcement.
- Duty generally until majority/emancipation (some states: college).
KEY PRINCIPLE #8 — PARENTAGE
- Marital presumption — child born during marriage presumed husband's (rebuttable by genetic testing in most states).
- Establish via acknowledgment of paternity, genetic testing, or holding out / estoppel.
- Assisted reproduction: consenting husband is father; sperm/egg donors generally not parents.
- Surrogacy varies by state (some enforce, some void).
- Child support obligation follows from legal parentage; once established, generally cannot be disestablished after acknowledgment-rescission window closes.
KEY PRINCIPLE #8B — ENFORCEMENT & CONTEMPT
- Support/custody orders enforced by civil contempt (coercive — purge condition) and criminal contempt (punitive); wage garnishment, license suspension, tax intercept.
- Civil contempt for nonpayment requires present ability to pay (cannot jail the truly indigent).
- Visitation and support are independent — a parent cannot withhold support for denied visitation, nor deny visitation for nonpayment.
- Full Faith & Credit for Child Support Orders Act (FFCCSOA) + UIFSA bar a second state from modifying another state's controlling support order while it retains jurisdiction.
KEY PRINCIPLE #9 — ADOPTION & TERMINATION
- Adoption severs birth-parent rights, creates new parent-child relationship (inheritance both ways from adoptive family).
- Requires consent of birth parents (revocable wit
★ ONE-LINE ATTACK ORDER
Valid marriage? (capacity/formalities/premarital agreement) → divorce (jurisdiction + grounds) → property division (marital vs separate) → spousal support + child support → custody (best interests / UCCJEA) → parentage/adoption → enforcement.