Family Law Flashcards

Which of the following marriages is void ab initio under Indiana law?

Answer: A marriage between first cousins who are both 25 years old

Indiana voids marriages between relatives closer than second cousins, although first cousins may marry only if both are at least 65 years old.

Does Indiana recognize common-law marriages?

Answer: No for marriages formed in Indiana after 1958, but it recognizes valid common-law marriages formed in states that permit them

Indiana abolished common-law marriage effective 1958 but, under comity, recognizes common-law marriages validly created in other jurisdictions.

A premarital agreement in Indiana is unenforceable if the challenging spouse proves what?

Answer: The agreement was not executed voluntarily, or it was unconscionable when executed and the spouse lacked fair disclosure of assets

Under Indiana's version of the Uniform Premarital Agreement Act, enforcement fails only for involuntariness or unconscionability at execution combined with inadequate disclosure and lack of knowledge of assets.

Under Indiana law, which provision of a premarital agreement will a court refuse to enforce regardless of the agreement's validity?

Answer: A provision adversely affecting a child's right to child support

The right of a child to support may not be adversely affected by a premarital agreement.

In Indiana, which ground supports an annulment (a voidable marriage) rather than a dissolution?

Answer: One party was induced to marry by fraud going to the essentials of the marriage

Voidable marriages in Indiana include those procured by fraud as to essentials, involving a party under age, or where a party was mentally incompetent at the time of the ceremony.

A woman petitions for an Indiana protective order against her ex-boyfriend, alleging domestic violence. Which statement about the ex parte order is correct?

Answer: The court may issue it without notice upon a showing of domestic or family violence, and the respondent may later request a hearing

Under the Indiana Civil Protection Order Act, courts may grant ex parte relief on a sufficient showing, and the respondent is entitled to request a hearing afterward.

Under Indiana's dissolution statute, which of the following is a statutory ground for dissolution of marriage?

Answer: Conviction of a felony after the marriage

Indiana's grounds are irretrievable breakdown, felony conviction after marriage, impotence existing at the time of marriage, and incurable insanity of two years.