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Family Law Terminology

Review of vocabulary from lectures on Texas family law

AB
marriagea legal relationship between a man and a woman over 18 years of age (although there are some exceptions to the age requirement)
ceremonial marriagerequires license, waiting period
informal marriagepopularly known as common law marriage and of equal weight with ceremonial marriage once three elements proven: cohabitation, representation, and agreement
community property presumptionlegal evidence assumption that all property owned at the end of the marriage is community property--that is, owned jointly by the husband and wife
separate propertymust be proven by clear and convincing evidence that stuff is owned by only one spouse; common types are property owned before the marriage, gifts, and inheritances
division of property on divorce/annulmentjust and right
division of property on death50/50
dissolution of marriageend of the relationship by death, divorce, or annulment
general jurisdictional requirement for dissolution6 months in state; 90 days in county
waiting perioddivorce must be on file 60 days before divorce may be granted
no-faultbasing divorce on insupportability
faultbasing divorce on something the other party has done; usually for leverage in property/custody disputes
SAPCRsuit affecting parent child relationship
Examples of SAPCRScustody, child support, termination, paternity, adoption


Prof. McMaster

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