Condensed Attack Outline
I. Introduction
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Start essay: Family law governs.
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Commonly tested issues:
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Valid Marriage: MD requires license (48 hr wait, expires 6 mo) & ceremony. MD doesn't recognize common law marriage, but gives full faith & credit to CLM from other states.
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Distribution of marital assets: Factors: health, age, economic circumstances, alimony, marriage duration.
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Custody: "Best interest of the child" standard. Factors: wishes of parties/child (if >12), parents' circumstances (age, health, mental/physical, substance abuse), family dynamic, abuse history, new companions, primary caregiver. No gender preferences in MD.
II. Marriage
A. Ante-nuptial Agreements (Pre-nuptial)
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Party defending validity must show 1 of 4:
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Full & frank disclosure of
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