DISSOLUTION

Question 1

FAULT DIVORCE (GENERALLY)

Answer 1

• may elect fault or no fault
• quicker (no min. period of sep.)
• entitlements to SPOUS. SUPP and PROP. may be affected
• FEW STATES–> no fault available if BOTH agree, absent this req. fault

Question 2

3 FAULT DIVORCE GROUNDS

Answer 2

ADULTERY (most states recog)
DESERTION or ABANDONMENT
-sep. without consent, INVOLUN. leaving
CRUELTY
-no single act unless LIFE THREATENING
-verbal abuse MAY

Question 3

FAULT DIVORCE DEFENSES

Answer 3

CONNIVANCE
-express/implied consent to misconduct (BEFORE)

CONDONATION
-forgiveness of spouses cheating, KNOWLEDGE
(AFTER)

RECRIMINATION
-misconduct of P-sp, justifies D-sp misconduct

Question 4

IRRETRIEVABLE BREAKDOWN

Answer 4

SHOWN BY:

• BOTH parties, no rehabilitation
• ONE party believes this to be so ESP. when parties have been living apart

Question 5

WHAT CONSTITUTES SEPARATION?

Answer 5

-jurisdictions often req. SOME NOTICE
-stat. construction problem
-MOST req. some sep. period
-MOST req. sep. residences when requiring sep.
-VOLUNTARY with consent of BOTH
-BURDEN
PREPOND of EV
P proves separation is MUTUAL

Question 6

SEPARATE MAINTENANCE

Answer 6

• enforces support oblig. AND favors resumption of cohabitation
• APART but PROP NOT DIVIDED
• opp. for reconciliation
• marriage considered MAINTAINED for tax purposes

Question 7

LEGAL SEP. WITHOUT RT TO REMARRY

Answer 7

• req. spouses LIVE APART AND nullifies marital obligation of cohab.
• NO RIGHT TO REMARRY
• decides prop. division
• DISSOLUTION of mar. status for tax conseq.

Question 8

ANNULMENT

Answer 8

by reason of defect, NOT and NEVER existed
-present at TIME of marriage
EX. incest, bigamy, fraud, lack of MC, duress

Question 9

DEFENSES TO ANNULMENT

Answer 9

ESTOPPEL
RATIFICATION
UNCLEAN HANDS

Question 10

FRAUD–> TO GET AN ANNULMENT

Answer 10

-must have occured BEFORE marriage
-MATERIAL and RELIED UPON
-must go to ESSENCES of marriage contract
YES- false rep (fertility), serious misrep (religious beliefs)
NO- facts about wealth, charac. of past life

Question 11

JURISDICTION OVER DIVORCE

Answer 11

• state of P’s domicile
• conducted as IN REM
• can be done EX PARTE, “only petitioner”
• FULL FAITH AND CREDIT

Question 12

DURATIONAL RESIDENCY REQ.

Answer 12

HALF–> 6 MO or LESS

10–> YR or MORE

7–> 60 DAYS or LESS

Question 13

DIVORCE FROM OTHER COUNTRIES

Answer 13

-not mandated FF and C if contra. to PUB POL

COMITY- allows states to rec. foreign divorce decrees, but not compelled

Question 14

URESA- Uniform Recip. Enforce of Supp. Act

Answer 14

COULD FILE IN STATE A AND FORWARD TO WHERE OBLIGOR LIVED OR OWNED PROP
-gov atty. on behalf of parent w/ child
LED TO–>
Uniform Interstate Family Support Act

Question 15

DOCTRINE OF DIVISIBLE DIVORCE

Answer 15

• PJ pertains to the one who has to pay

- initiate in HOME STATE and ANOTHER STATE litigate through its ATTY GEN