dissolving

Question 1

duty to support

Answer 1

• 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

Question 2

torts

Answer 2

• spouses may sue each other for negligent and intentional torts
• tort suits can be joined in the divorce action

Question 3

IIED

Answer 3

• usually a gap filler when not a particular tort
• must be extreme and outrageous conduct
• TX doesn’t allow for recovery of NIED

Question 4

assault

Answer 4

2 year SOL on this

Question 5

tort recovery

Answer 5

spouse can either:

• seek damages for the tort; or
• seek an unequal division of the assets based on fault
• NOT BOTh

Question 6

insupportability

Answer 6

• 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)

Question 7

other divorce grounds-cruelty

Answer 7

-(renders living together insupportable)
- can be used to win an unequal division of prop
-

Question 8

other grounds- adultery

Answer 8

• 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

Question 9

conviction of fel- other grounds

Answer 9

-must be imprisioned for at least 1 ear and not pardoned

Question 10

abandonment-other grounds

Answer 10

-must express the intent to abandon and physically leave for at least 1 year

Question 11

living apart-other grounds

Answer 11

must live apart for at least 3 yrs

Question 12

other grounds- confinement in a mental hospital

Answer 12

-must be for at least 3 years and a relapse must be probable

Question 13

JX

Answer 13

• 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

Question 14

divisible divorce

Answer 14

• 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

Question 15

PJX

Answer 15

• allows court to impose personal support obligations over the respondent spouse
• allows court to obtain JX over quasi-CP for prop division

Question 16

long-arm over non-res spouse

Answer 16

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

Question 17

Procedure to divorce

Answer 17

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

Question 18

transfer of prop

Answer 18

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

Question 19

TRO

Answer 19

• 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

Question 20

TRO temp hearing decides

Answer 20

-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

Question 21

Protective orders

Answer 21

• 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

Question 22

kick out order

Answer 22

• 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