Family Law MEE Prep
Family Law on the MEE tests your knowledge of marriage, divorce, child custody, child support, spousal support, and property division. The exam frequently combines multiple family law issues in a single fact pattern, requiring you to address jurisdictional questions, the validity of marriage, grounds for divorce, and the financial and custodial consequences of dissolution.
Property division is one of the most heavily tested areas. You must understand the distinction between community property and equitable distribution systems, how to classify property as marital or separate, and how to handle commingling and transmutation. Child custody questions test the best interests of the child standard, modification of custody orders, and jurisdictional requirements under the UCCJEA.
Prenuptial agreements (antenuptial agreements) are frequently tested. Know the requirements for validity under both the traditional and modern (UPAA) approaches, including voluntariness, disclosure, and whether the agreement is unconscionable at the time of enforcement.
High-Yield Topics
| Topic | Frequency | Tips |
|---|---|---|
| Property Division (Equitable Distribution) | Very High | Classify all property as marital or separate. Marital property includes assets acquired during the marriage through efforts of either spouse. Separate property includes pre-marital assets, gifts, and inheritances. Commingling can convert separate property to marital property. Courts consider factors like length of marriage, contributions of each spouse, economic circumstances, and needs of custodial parent. |
| Prenuptial (Antenuptial) Agreements | Very High | Requirements for validity: the agreement must be in writing, signed by both parties, entered into voluntarily (no duress or undue influence), with fair disclosure of assets. Under the UPAA, an agreement is enforceable unless the challenging party proves involuntariness or shows both that it was unconscionable when executed and that adequate disclosure was not provided. |
| Child Custody — Best Interests Standard | High | Courts consider: the wishes of the parents and child, the child's relationship with each parent and siblings, the child's adjustment to home/school/community, the mental and physical health of all parties, and any history of domestic violence. No presumption favoring mothers. Joint custody (legal and/or physical) is favored in many jurisdictions. |
| Child Support | High | Child support is determined by guidelines based on parental income. Both parents have a duty to support. Support obligations generally continue until the child reaches the age of majority (18 or 21 depending on jurisdiction). Modification requires a substantial change in circumstances. Child support cannot be waived by agreement between the parents. |
| Spousal Support (Alimony) | Moderate-High | Types include temporary, rehabilitative, and permanent alimony. Factors include length of marriage, standard of living during marriage, earning capacity, age and health, and contributions to the marriage (including homemaking). Spousal support is modifiable upon a substantial change in circumstances and typically terminates upon remarriage or death. |
| UCCJEA Jurisdiction for Custody | Moderate-High | The home state (where the child lived for 6 consecutive months before the proceeding) has priority jurisdiction. If no home state exists, jurisdiction goes to the state with significant connections and substantial evidence. Once a state makes an initial custody determination, it retains exclusive continuing jurisdiction as long as the child or a party remains. |
| Validity of Marriage | Moderate | Requirements: legal capacity (age, mental capacity, no existing marriage), consent (no fraud or duress), and compliance with formalities (license and solemnization in most states). Common law marriage requires cohabitation, holding out as married, and present agreement to be married (recognized only in some jurisdictions). Void marriages (bigamy, incest) are invalid from inception; voidable marriages (age, fraud, duress) are valid until annulled. |
| Modification of Custody and Support Orders | Moderate | Modification of custody requires a substantial change in circumstances affecting the child's best interests. Modification of support (child or spousal) also requires a substantial change in circumstances. The burden is on the party seeking modification. Courts are reluctant to modify custody arrangements to promote stability for the child. |
Essay Approach
Family Law MEE essays typically present a divorce scenario with multiple issues. Begin by addressing jurisdictional questions if raised (residency requirements for divorce, UCCJEA for custody). Then work through the issues in a logical order: validity of the marriage, grounds for divorce, property division, spousal support, child custody, and child support.
For property division, use a three-step approach: (1) identify and classify each asset as marital or separate, (2) determine the value of the marital estate, and (3) apply equitable distribution factors. Be meticulous about classification — the examiners often include assets that appear to be separate property but have been commingled or transmuted.
For prenuptial agreements, analyze formation validity (writing, voluntariness, disclosure) separately from enforcement (unconscionability at the time of enforcement). Address both even if the agreement appears clearly valid or invalid. For custody questions, always apply the best interests factors to the specific facts rather than stating a conclusory result.
Commonly Tested Issues
Key Rules to Memorize
Equitable Distribution Standard
In equitable distribution states, marital property is divided fairly but not necessarily equally. Courts consider the length of marriage, each spouse's contributions (economic and homemaking), earning capacity, age and health, and the needs of any custodial parent.
Marital vs. Separate Property Classification
Marital property is property acquired during the marriage through the efforts of either spouse. Separate property includes pre-marital assets, gifts to one spouse, and inheritances. The character of property is determined at the time of acquisition, but commingling or transmutation can change the classification.
UPAA Prenuptial Agreement Requirements
Under the Uniform Premarital Agreement Act, a prenuptial agreement must be in writing and signed by both parties. It is enforceable unless the challenging party proves: (1) involuntariness, or (2) the agreement was unconscionable when executed AND the challenging party was not provided fair disclosure and did not waive disclosure.
Best Interests of the Child Standard
The paramount consideration in custody determinations is the best interests of the child. Factors include the wishes of the parents and child, the child's relationships, adjustment to home and community, mental and physical health of all parties, and the willingness of each parent to facilitate a relationship with the other parent.
UCCJEA Home State Jurisdiction
The child's home state has priority jurisdiction for initial custody determinations. Home state is defined as the state where the child lived with a parent for at least 6 consecutive months immediately preceding the filing. If the child has no home state, jurisdiction goes to the state with significant connections.
Substantial Change in Circumstances for Modification
Modification of custody or support orders requires the moving party to demonstrate a substantial, material change in circumstances that was not contemplated at the time of the original order. For custody, the change must also affect the child's best interests.
Child Support Guidelines
Child support is calculated using statutory guidelines based on parental income. Deviation from the guidelines is permitted only for specific reasons (extraordinary medical expenses, special needs, etc.). Both parents have a duty to support the child, and the obligation cannot be waived by agreement.
Commingling and Transmutation
Separate property can become marital property if commingled with marital property to the extent that it can no longer be traced. Transmutation occurs when spouses agree or act in a way that changes the character of property from separate to marital or vice versa.
Spousal Support Factors
Courts consider the length of the marriage, the standard of living established during the marriage, each spouse's earning capacity and financial resources, the age and health of the parties, and contributions to the marriage including homemaking and child-rearing.
Void vs. Voidable Marriage
A void marriage (bigamy, incest) is treated as never having existed and requires no formal annulment. A voidable marriage (underage, fraud, duress, mental incapacity) is valid until annulled by court order. The distinction matters for property rights and legitimacy of children.
Common Law Marriage
Where recognized, a common law marriage requires: (1) present agreement to be married, (2) cohabitation, and (3) holding out to the public as married. Once validly created, a common law marriage has the same legal effect as a ceremonial marriage.
Rehabilitative Alimony
Rehabilitative alimony is a time-limited award designed to support a spouse while they gain education, training, or employment skills to become self-supporting. It is favored in modern law over permanent alimony, especially in shorter marriages.
Common Mistakes
- Failing to classify each asset as marital or separate before dividing property — the examiners expect a systematic classification analysis
- Assuming equitable distribution means equal division — equitable means fair, which may or may not be 50/50
- Forgetting to analyze both the formation and enforcement prongs of prenuptial agreement validity
- Stating that the mother has a presumptive right to custody — modern law applies a gender-neutral best interests standard
- Ignoring the UCCJEA jurisdictional analysis when the parties live in different states
- Confusing void and voidable marriages — this affects whether the marriage must be formally annulled
- Failing to note that child support cannot be waived by agreement between the parents because it is the child's right
- Applying community property rules in an equitable distribution jurisdiction or vice versa without noting the distinction
Study Tips
- Memorize the classification framework for property division: identify, classify (marital vs. separate), value, and distribute — this four-step approach organizes your essay clearly
- Create a checklist for prenuptial agreement analysis: writing, signature, voluntariness, disclosure, unconscionability at execution, and unconscionability at enforcement
- Practice the best interests factors by applying them to different hypothetical custody scenarios — the examiners test application, not just recitation
- Know the difference between legal custody (decision-making authority) and physical custody (where the child lives) — MEE questions often distinguish between the two
- Review the UCCJEA home state analysis carefully — it comes up when families have moved between states, which is a common MEE fact pattern
- Study the interplay between property division and spousal support — courts consider the overall financial picture, and what one spouse receives in property may affect the alimony award