UNITED STATES CONSTITUTION – FUNDAMENTAL RIGHTS

10th AMENDMENT EQUAL PROTECTION CLAUSE

DUE PROCESS CLAUSE BILL OF RIGHTS (Penumbras)
RIGHT OF ASSOCIATION and RIGHT of PRIVACY

 UNIFORM LAWS  UNIFORM LAW COMMISSION

 STATE LAWS  STATE VS STATE
 FEDERAL LAWS  FEDERAL VS STATE
STATE VS FEDERAL

PROCEDURAL (Possible Outcomes) COMPLAINT, ORDER – APPEAL

 You must assess whether you have a a. Complaint  answer  and reply is filed (
jurisdictional issue. it should, but does not have to) if there is
 Is there a Full Faith and Credit Issue? no answer, must determine if you want to
 Must have an order in place to appeal file a default judgment.
1. Is it a temporary order? b. Temporary Order – not final
a. Can’t appeal. i. Non-prejudicial
b. Exception is Interlocutory Appeal c. Permanent Order – final (appealable)
(RARE) i. Motion to Modify
2. Is it a permanent order? a. Substantial Change in
a. Can appeal. Circumstance
 NOTE: Know what “permanent” ii. Motion for Contempt/Show Cause
meanings in the context of the a. Noncompliance
underlying issue. b. Willful Conduct
1. Example – Child Custody (perm
order can be modified) vs. Property
(normally perm can’t be modified
but there are statutory exceptions).

UNMARRIED MARRIED
STATUTORY (?)
1. COMMITTED (?) COMMON LAW (?)
 CASUAL (?) VOID/VOIDABLE(?)
BIGAMY/POLYGAMY (?)

CHILDREN (things to ask CHILDREN

depending on what the issue is)
2. PATERNITY (?)
LEGITIMATION (?)
ASSISTED REPRODUCTION (?)
ADOPTION (?)
BIOLOGICAL VS. THIRD PARTY (?)
JURISDICTIONAL ISSUE/RELOCATION
CHILD SUPPORT
3. WHAT GUIDELINE MODEL
INTERSTATE/INTRASTATE
JURISDICTION/CUSTODY
OF THE MARRIAGE (?) (child is looked as of the marriage
even if the child is not)
ADULTERY (?)
ASSISTED REPRODUCTION (?)
ADOPTION
BIOLOGICAL V. THIRD PARTY
JURISDICTIONAL ISSUES/RELOCATION
CHILD SUPPORT
WHAT GUIDELINE MODEL
INTERSTATE/INTRASTATE
JURISDICTION/CUSTODY

AGREEMENTS AGREEMENTS
4. COHABITATION PRENUPTIAL
BREACH OF PROMISE TO MARRY POSTNUPTIAL
ENGAGEMENT GIFTS SEPARATION AGREEMENT
RECONCILATION AGREEMENT

PROPERTY PROPERTY

5. AGREEMENT BEFORE MARRIAGE

VERBAL/WRITING AFTER MARRIAGE
TANGIBLE/INTANGIBLE COMMUNITY PROPERTY
EQUITABLE DISTRIBUTION

MAINTENANCE/SUPPORT MAINTENANCE/SUPPORT

6. AGREEMENT SUPPORTING SPOUSE

VERBAL/WRITING DEPENDANT SPOUSE
ABILITY TO PAY
DURATION
MITIGATING FACTORS
UNMARRIED MARRIED
Breakup Dissolution (Divorce)
Contract Law Property-Statutory
Except for Children Support-Statutory
and child support Children-Statutory