Marriage and Divorce - Family Law - Lecture Notes, Study notes of Family Law

Download Marriage and Divorce - Family Law - Lecture Notes and more Study notes Family Law in PDF only on Docsity! LESSON: Family Law – Marriage and Divorce TIME: 55 minutes I. Goals: A class on marriage and divorce will help students: A. Students will have a general understanding of marriage laws in Washington. B. Students will appreciate the complexity of issues surrounding divorce proceedings, including child custody and property distribution. II. Objectives: A. Knowledge Objectives: As a result of this class, students will be better able to: 1. Identify the requirements for getting married in Washington. 2. Identify the reasons for which an annulment in Washington will be granted. 3. Recognize factors that courts use in determining property distributions in a community property state. 4. Recognize the factors that courts use in determining child custody and related child support payments. 5. Understand how the courts determine alimony payments. 6. Identify the difference between child support and alimony. B. Skills Objectives: As a result of this class, students will be better able to: 1. Resolve differences through the use of mediation. 2. Negotiate and/or advocate for a particular position. C. Attitude Objectives: Students will be better able to: 1. Appreciate that getting married in Washington is relatively simple; however, ending a marriage can be a complex, costly, and stressful experience. III. Classroom Methods A. Open with “mock wedding ceremony.” 1. Ask for student volunteers for the various roles. 2. See attached “ceremony.” B. Pass out Handout #4 (General Requirements for Marriage in WA) C. Basic lecture on marriage laws in Washington. Incorporate references from mock ceremony: 1. General Requirements: a. Legal age for marriage – 18; if 17, you can marry with the written consent of a parent or legal guardian (1) If younger than 17, must also have the consent of a superior court judge. b. Couple may not be closer than second cousins c. Washington does not allow common law marriages (1) Common law marriage – marriage without a blood test, license, or wedding ceremony; created when two people agree to be married, hold themselves out to the public as husband wife, and live together as if married. Only DC and 14 other states allow common law marriage. (2) Washington, though, will recognize a common law marriage that was lawful in another state under Full Faith and Credit 2. Getting a marriage license Docsity.com a. No blood test, witnesses, or identification are required. b. Couple must swear to being 18 years or older. c. Both bride and groom must apply in person at the county auditor’s office. d. Fee is $37 – cash only. e. Must wait at least 3 days after license issuance before completing ceremony; yet, license expires after 60 days 3. Ceremony requirements: a. Marriage may be conducted by judge, court commissioner, or any licensed or ordained clergy person of any church (including internet church) b. If marriage conducted by person pretending to be a minister, the marriage is still valid as long as the couple believed the ceremony was valid. c. Two witnesses must be present. 4. Annulment (Declaration of Invalidity in Washington): granted for the following reasons: a. One or both of the parties was not 18 and did not retain the required approval. b. One or both of the parties was already married. c. The parties were too closely related. d. One or both parties lacked the capacity to consent either because of mental incapacity or the influence of alcohol or drugs. e. Party was influenced to marry by force or fraud. 5. Sobering-up (or “gee, it seemed like a good idea, but…”) a. If the parties have not lived together as husband and wife after either (1) coming of age or (2) becoming capable of consenting, the court will declare the marriage invalid. b. But, if after coming of age or sobering up, they stay together the marriage will be considered valid. D. Consequences when Marriages Dissolve: 1. Have the class brainstorm what some of the ramifications or issues are that arise in cases of divorce: Child custody issues, alimony payments, property distribution, child support, etc. E. Discuss Alternative Dispute Resolution (ADR) as alternative to Divorce Court – specifically mediation 1. Definitions and differences among ADR alternatives. 2. Negotiation – process by which people involved in a dispute talk to each other about their problem and try to reach a solution acceptable to all. 3. Arbitration – both parties to a dispute agree to have another person listen to their arguments and make a decision for them; arbitrator is like a judge, but the process is less formal than a trial a. Arbitrators have the authority to make a final decision and the parties must follow (except in nonbinding arbitration) 4. Mediation – third person helps the disputing parties talk about their problem and settle their differences a. Unlike arbitrators, mediators do not impose a decision on the parties. b. Mediator acts as a neutral 3rd party by listening carefully to both sides and trying to help the parties understand each other’s positions and find ways to resolve the dispute. Docsity.com (d) If separate property is used to buy other property, the purchase is separate property. However, separate property can become community property if it is mixed with community property. (e) Factors considered by the court in making a fair and equitable division of the community and separate property: (i) Nature and extent of the community property. (ii) Nature and extent of the separate property. (iii) The length of the marriage; and (iv) The economic circumstances of each spouse at the time of the division of property is to become effective (including age, health, education, employment history and future earning prospects). (v) Economic misconduct by either party (e.g., hiding assets). IV. Evaluation A. Participation in mediation and debriefing exercise. V. Assignment Docsity.com MOCK WEDDING CEREMONY Limited Talent Productions presents…Gus and Betty Get Married Cast: Narrator Gus Groom Betty Bride Mr. County Clerk The Reverend Witness #1 Witness #2 Narrator: Scene #1 – Downtown in Happyville, WA. Our happy little story opens in Happyville, WA with Gus Groom and Betty Bride wondering what they’re going to do that evening. Gus Groom: What do you want to do tonight, Betty? Betty Bride: I don’t know, Gus. What do you want to do tonight? G. Groom: I don’t know. Do you wanna go see a movie? B. Bride: Nah. What about Tom’s party? G. Groom: I don’t feel like a party tonight. What do you say we get married? B. Bride: Works for me. Narrator: Gus Groom and Betty Bride are overjoyed and happily walk down to the Happyville County Clerk’s office. Scene #2 joins them inside the Happyville County Clerk’s office… County Clerk: Hello happy couple. I’m the Happyville County Clerk. G. Groom: Hello, Mr. Clerk. I’m Gus Groom and this is my gal, Betty Bride. We’d like to get married. Clerk: That’s nice. I’m so happy for you. Looks like you’ll need a marriage license. Are you both 18 years of age? G. Groom: I am. B. Bride: Me too. Do you want to see some I.D.? Clerk: That’s not necessary. Just as long as you swear you’re both 18 years old. Bride/Groom: We swear. Clerk: Super. That’ll be 37 dollars. B. Bride: Can I write you a check? Clerk: Sorry. This is a cash-only operation. Docsity.com G. Groom: Here you go. (G. Groom hands Clerk a $37 bill) B. Bride: Do we need to take a blood test? Clerk: Not here in Washington state. G. Groom: What a relief. I don’t do so well at the sight of blood. Clerk: (Hands them the marriage license) Here’s your license. G. Groom: So are we married now? Clerk: No, silly. This is just the marriage license. You’ll have to wait 3 days before you get married. Besides, I’m just the Clerk and I don’t have the authority to marry you. B. Bride: That doesn’t make me very happy. Clerk: Sorry. But the state of Washington has a 3 day ‘waiting period’. After the ‘waiting period’ expires, you can go ahead and get married. But I must warn you…your marriage license will only be good for 60 days. If it expires, you’ll have to come back and get another one. G. Groom: Gee, thanks Mr. Clerk. Narrator: Gus Groom and Betty Bride leave the Clerk’s office and wait with anticipation for three days to pass. (Turn class lights on and off 3 times). Finally, after three days… B. Bride: Gee Gus, I can’t wait to get married today. G. Groom: Me neither, Betty. This will be the happiest day of our lives. Let’s go. Narrator: Betty Bride and Gus Groom set off to find someone to marry them. As they are walking down the street, they pass The Reverend… G. Groom: Excuse me, sir. Are you a judge, a court commissioner, or licensed or ordained minister, rabbi, or priest from any church? Reverend: You’re in luck. I just got ordained last week. B. Bride: Oh joy. Will you please marry us? Reverend: Why not. Do you have a valid marriage license? G. Groom: You bet. We got it 3 days ago from Mr. County Clerk. Reverend: Splendid. Now all you need are two witnesses. B. Bride: Mr. Clerk never said anything about that. (Calling to Witness #1 and Witness #2) Excuse me. Can you come over here for a few minutes? Docsity.com HANDOUT #2 GENERAL INFORMATION FOR TERRY (WIFE) Pat and Terry married when both were 27. One year later, they had a baby, Michele. After 5 years of marriage, they fight constantly and are generally miserable. Terry has filed a petition for divorce alleging mental cruelty by Pat that makes a continuing relationship impossible. Pat works as an attorney making $4,000 a month. Terry works as a sales associate part-time at Nordstrom making $1,000 per month. The rest of Terry’s time is spent taking care of Michele. Pat and Terry own a townhouse in the Redmond area with a monthly mortgage of $1,400. Besides the mortgage payment, the couple also pays $500 month for child care. The couple has the following assets: $5,000 savings account $10,000 car – 1994 Toyota Camry $15,000 car – 1996 Explorer $6,000 in other furniture and appliances. Townhouses in the complex are presently selling for $255,000, they paid $190,000. CONFIDENTIAL INFORMATION FOR TERRY: 1. Maintaining the house is key as Terry does not want to uproot Michele from her school and friends. 2. Terry wants to continue working part-time so that she can be home when Michele arrives home from school. 3. Terry wants to keep Michele’s baby pictures. Docsity.com HANDOUT #3 The role of the mediator is to try and facilitate an open and respectful discussion between the two parties. The mediators’ job is not to say who is right/wrong or who should get what. Instead, the mediators should look for ways in which a consensus (common ground) might be reached between the parties. This usually involves asking for each side to compromise now and then. The mediators should allow one of the parties to speak first, uninterrupted! During that time, the mediators should take notes of what that party’s wants/needs are. When the first party is finished, the mediators should repeat that list back to the party to make sure everyone is on the same page. Repeat above steps with party #2. Once the mediator has both wants/needs lists, they should begin by identifying areas of common ground (if any). Once those areas have been identified, the mediators should then begin exploring areas of compromise with the two parties. GENERAL INFORMATION FOR MEDIATORS Pat and Terry married when both were 27. One year later, they had a baby, Michele. After 5 years of marriage, Terry has filed a petition for divorce. KEY AREAS FOR MEDIATION In this particular case between Pat and Terry, the issues the mediator should try and resolve include: 1. ALIMONY OR MAINTENANCE – WHO PAYS? HOW MUCH? 2. WITH WHOM DOES THE CHILD LIVE? 3. WHO PAYS CHILD SUPPORT? 4. WILL THE WIFE WORK? 5. WHAT HAPPENS TO THE HOUSE? 6. WHO GETS THE SAVINGS ACCOUNT? 7. WHO GETS THE CAMRY? 8. WHO GETS THE EXPLORER? 9. WHAT WILL HAPPEN TO THEIR STUFF? Docsity.com Handout #4 GENERAL REQUIREMENTS FOR MARRIAGE IN WASHINGTON • Legal age for marriage – 18 - Exceptions: • If 17, you can marry with the written consent of a parent or legal guardian • If younger than 17, must also have the consent of a superior court judge. • Couple may not be closer than second cousins • Washington does not allow common law marriages • Getting a license - No blood test, witnesses, or identification are required. - Couple must swear to being 18 years or older. - Both bride and groom must apply in person at the county auditor’s office. - Fee is $37 – cash only. - Must wait at least 3 days after license issuance before completing ceremony; yet, license expires after 60 days • Ceremony requirements: - Marriage may be conducted by judge, court commissioner, or any licensed or ordained clergy person of any church (including internet church) - If marriage conducted by person pretending to be a minister, the marriage is still valid as long as the couple believed the ceremony was valid. - Two witnesses must be present. • Annulment (Declaration of Invalidity in Washington): granted for the following reasons: - One or both of the parties was not 18 and did not retain the required approval. - One or both of the parties was already married. - The parties were too closely related. - One or both parties lacked the capacity to consent either because of mental incapacity or the influence of alcohol or drugs. - Party was influenced to marry by force or fraud. - BUT… If the parties have not lived together as husband and wife after either (1) coming of age or (2) becoming capable of consenting, the court will declare the marriage invalid. But, if after coming of age or sobering up, they stay together the marriage will be considered valid. Docsity.com