Annulment/Divorce

Question 1

Annulment

Answer 1

Declares a marriage invalid because of an impediment that existed at the time of the marriage. The marriage is set aside as if it never existed.

Question 2

Void Marriage

Answer 2

A void marriage is invalid. Any party can seek the annulment.

Grounds are: a party was still married to someone else, and the parties are too closely related.

Some states allow a void marriage to become valid if the impediment is removed and the parties continue to live together.

Question 3

Voidable Marraige

Answer 3

A voidable marriage is valid until declared null. Only the spouses can bring this action.

Grounds are: typically related to consent (underage, capacity, duress, fraud)

Voidable marriages can be remedied by continued habitation after removal of the impediment.

Question 4

Divorce Jurisdiction

Answer 4

To have jurisdiction over a divorce, only one of the parties needs to be domiciled in the jurisdiction (resident with intent to remain). To determine the financial issues, however, the court must have personal jurisdiction over the defendant.

Question 5

No-Fault Grounds

Answer 5

Irreconcilable differences or
Living apart for a specified period of time

Question 6

Fault Grounds

Answer 6

Adultery
Abandonment
Cruelty
Addictions
Insanity

Question 7

Fault Defenses

Answer 7

Collusion (simulating grounds for divorce)
Connivance (consent to the misconduct - adultery)
Condonation (forgiveness with full knowledge)
Recrimination (unclean hands)