dissolving Flashcards
duty to support
- each spouse has duty to support the other
- if one incurs a debt for necessities, typically food, shelter and other living essentials, both spouses are liable for the debt
torts
- spouses may sue each other for negligent and intentional torts
- tort suits can be joined in the divorce action
IIED
- usually a gap filler when not a particular tort
- must be extreme and outrageous conduct
- TX doesn’t allow for recovery of NIED
assault
2 year SOL on this
tort recovery
spouse can either:
- seek damages for the tort; or
- seek an unequal division of the assets based on fault
- NOT BOTh
insupportability
- most divorces on this ground
- also called “no fault” divorce
- marriage has become insupportable due to a discord or conflict of personalities that prevents any reasonable expectation of reconciliation
- you can tack another ground on to this one to try to get more $ (like adultery)
other divorce grounds-cruelty
-(renders living together insupportable)
- can be used to win an unequal division of prop
-
other grounds- adultery
- sex with someone who is not your spouse during marriage
- can occur any time prior to the divorce decree being granted
- can be used to support an unequal division of property
conviction of fel- other grounds
-must be imprisioned for at least 1 ear and not pardoned
abandonment-other grounds
-must express the intent to abandon and physically leave for at least 1 year
living apart-other grounds
must live apart for at least 3 yrs
other grounds- confinement in a mental hospital
-must be for at least 3 years and a relapse must be probable
JX
- in rem proceeding
- do not beed pJX over respondent spouse
- TX domilicle requirements (filing spouse)
1) be dom in TX for at least 6 months before filing and
2) a resident of the county for at least 90 days before filing
divisible divorce
- TX may have JX to end the marriage, but not divide the property
- doesn’t have in rem JX over prop located outside of TX without meeting DP requirements
- JX over prop follows same analysis for PJX
PJX
- allows court to impose personal support obligations over the respondent spouse
- allows court to obtain JX over quasi-CP for prop division
long-arm over non-res spouse
can obtain long-arm JX over nonres spouse if:
1) TX was the last marital residence of both spouses, and it has not been must file within 2 years of the marital residence ended OR
2) there is any basis consistent with the cons of TX and the US for the exercise of PJX
Procedure to divorce
1) file an original petition for divorce
2) cant be granted until 61 days after filing petition
3) if there is no answer after service of process, the court may grant a divorce by default
transfer of prop
while divorce is pending, any incurence of debt or transfers of prop are VOID if the 3P has knowledge and notice of the pending divorce
TRO
- court can restrain a party from engaging in certain acts, typically to prevent threats, stalking, repetitive or vulgar phone calls, falsifying writings, intentionally transferring prop outside the regular course of busi
- can issue without sworn pleadings
- lasts for 14 days and can be renewed for another 14
- provides opp to hold a temporary hearing
TRO temp hearing decides
-requiring spousal support
-determining occupancy of residence or use of prop
-ordering discovery
-providing for interim atty’s fees
AND
-prohibiting transfers or expenditures outside the OCB or to pay for reasonable living expenses and atty’s fees
Protective orders
- requires a showing the phys violence has occurred and is likely to occur again
- should be tailored to deal with the particular circumstances
- can be crim consequences for failing to obey
- can prohibit conduct like stalking, additional family violence, communicating, and being within a certain distance
kick out order
- can evict a spouse from a residence without a hearing first
- lasts for 20 days until a hearing can occur
- requires a showing of family violence and a clear and present danger that will continue
