Law Outlines Oklahoma Bar Bundle Outlines
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Family Law
MARRIAGE
Ceremonial Marriage Requirements
Voluntary Consent
Competent to Consent
Can't be married to someone else
Can't be too closely related
Can't be same gender
Doesn't matter if another state recognizes
Age
18 or older or
16 or 17 w/ written consent of parent/guardian OR w/ court approval if no parents/guardians
Under 16, only w/ court approval if unmarried & pregnant, or in settlement of a suit for seduction or paternity
Mentally competent
Cannot remarry w/in 6 months of last divorce
But if parties live together after the 6 mo. Period, the marriage becomes common law & cannot be annulled
Marriage License
Valid for 30 days
Get fee reduce if complete pre marriage counsel
Ceremony
Conduct by judge & religious leader
Need 2 adult, competent witnesses
Officiant & witnesses must sign certificate
Common Law Marriage
Competent & 5 Elements
Permanent
Exclusive
Actual Intent to be Married
Cohabitation
Holding Out to Public as H & W
Must show by CLEAR & CONVINCING EVIDENCE
Must be terminated same as ceremonial marriage
ANNULMENT
Void Marriage
Fail to meet essential requirements, invalid (utter nullity)
Can be attacked by a party or collaterally by 3rd party
Can be attacked even after death of one of parties
NO TEMPORARY ALIMONY
Examples: bigamy, incest, same sex
Voidable Marriage
Event of condition affecting adequacy of consent
Treated as valid until annulled
Can be attacked only by party or guardian of party and usually only one sought to be protected
Either party can raise marriage w/in 6 months
No attack after death
TEMPORARY ALIMONY ALLOWED
Marriage can be ratified by cohabitation after impediment removed
Examples: underage, mental incapacity, remarriage w/in 6 months, fraud, misrep, duress, error & lack of consent
Relief Avail W/ Annulment
Judicial declaration of invalidity
Custody & visitation of minor kids
Child support & medical support for minor kids
Property division
Attorney' fees & costs
Temporary alimony for proceeding to annul voidable marriage, but not void marriage
PERMANENT ALIMONY CANNOT BE AWARDED IN ANY ANNULMENT ACTION
Restraining order or other injunctions
Relief Not Avail
Divorce
Name Change
Permanent Alimony
DIVORCE & SEPARATION
Grounds for Divorce & Separation
Incompatibility
No fault
"such conflict of personalities that no possibility of reconciliation
Abandonment
ADULTERY
Impotence
Wife pregnant by other AT TIME OF MARRIAGE
Extreme Cruelty
Fraudulent conduct
Habitual drunkenness
Gross neglect of duty;
Imprisonment for felony
Divorce in another state w/o PJ over 1 spouse
Institutionalization for insanity for 5 years
Defenses
Traditional Defenses
Condonation
Forgiveness of marital offense by other spouse
Can be proven w/ affirmative act or implied by cohabitation or sex
Other Defenses
Recrimination
Both guilty of misconduct
Provocation
Conduct provoked the marital offense
Connivance
Spouse acquiesced in marital offense
Collusion
Agreement to offense or to suppress a defense
Relief Avail in Divorce
Dissolution of Marriage
Custody & visitation of minor children
Child Support & med support for minor kids
Property Division
Support Alimony
Restoration of Maiden name of either spouse
Attorney fees & costs
Restraining order
Separate Maintenance Action (Legal Separation)
Action doesnβt terminate marriage & cant prevent other spouse claim for divorce
Grounds & defenses same as divorce
Same relief as divorce except
No dissolution
No name change
No permanent alimony
Waiting Periods for Final Decree
No minor children, 10 day waiting period
If minor children, 30 or 90 day waiting period
Final hearing cant be held till petition on file for 30 days unless court says emergency
Final order cant be issued till petition on file 90 days unless court waives, parties do counseling, or divorce based on abandonment, extreme cruelty, drunk, imprisonment, out of state divorce, insanity
Jurisdiction & Venue
Subject Matter Jurisdiction
File in OK District Court
Actual Residency Requirement
Petitioner OR respondent must be "actual resident" of OK in good faith for 6 months immediately before filing
Actual Residence= domicile= intent to remain
Execption
Counterclaim to separate maintenance action
Annulment or separate maintenance action
Military- resident for 6 months w/o intent to remain okay
Venue
Divorce or Annulment file in County
Petitioner has resided for 30 days OR where respondent resides
Separate Maintenance
Where either party lives
Possible for 2 states have jurisdiction. Can proceed at same time and if one renders judgment, other loses SMJ.
If 2 actions filed in OK, first filed takes precedent.
For financial issues: petitioner must have PJ over respondent spouse
Automatic Mandatory Status Quo Injunctions
On filing of petition & personal service, an AUTOMATIC TEMPORARY INJUNCTION is in effect against both parties & can be enforced like any other injunctions, through contempt
Injunctions in force till resolution of case (final decree, etc.)
Prevents:
Transferring, encumbering, concealing, disposing of marital prop UNLESS in usual course of business, to retain a lawyer, or for life necessities
Can damage or destroy prop
Make retirement withdrawals
Open or divert mail
Sign or endorse other party name
Disturb peace of other party or kids
Disrupt or withdraw kids from school
Hide kids
Remove kids out of state
Temporary Orders
During pending action, parties can request temp orders regarding...
Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
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