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Family Law in Popular Culture
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Flashcards
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Divorce is always a lengthy and contentious process.
Many divorces are settled amicably through mediation or collaborative law without a prolonged court battle.
A father has no parental rights if he's not married to the mother.
Unmarried fathers can have parental rights and responsibilities, but they may need to establish paternity first.
Stepparents have no legal obligation to their stepchildren.
Under certain circumstances, stepparents may have legal obligations or rights regarding their stepchildren.
You don't need a lawyer to get a divorce.
While it's possible to self-represent, a lawyer can help navigate complex legal systems and protect one's interests.
Mothers are always given custody of the children.
Custody is determined based on the best interests of the child, not solely on the basis of the parent's gender.
Spouses can deny visitation rights to each other during a divorce.
Visitation rights are usually determined by the court, ensuring the best interests of the children involved.
Assets are always split 50/50 in a divorce.
The division of assets depends on the jurisdiction and may involve equitable distribution or community property rules.
Prenuptial agreements are only for the wealthy.
Prenuptial agreements can be beneficial for couples of various economic backgrounds to clarify financial arrangements.
You can avoid paying child support by moving to another state or country.
Child support orders can be enforced across state lines and, in many cases, internationally due to reciprocal agreements.
Adopted children aren't considered as 'real' as biological children in the eyes of the law.
Legally, adopted children have the same rights and status as biological children in their adoptive families.
Child support payments are tax-deductible.
In the United States, child support payments are not tax-deductible for the payer and are not considered taxable income for the recipient.
All family law judges favor women over men.
Judges are expected to be impartial and base their decisions on the facts of the case and the law, not on gender bias.
If you live together for 7 years, you're automatically considered married by common law.
Common law marriage is recognized in a limited number of jurisdictions and usually requires more than just cohabitation.
You can't get child support if the other parent is unemployed.
Courts can impute income based on the non-custodial parent's potential earning capacity for child support.
Once child support is set, it can't be changed.
Child support can be modified based on a change in circumstances, such as changes in income or the needs of the child.
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