Divorce

Question 1

Grounds for no-fault divorce

Answer 1

1. Marriage is irretrievably broken with no prospect of reconciliation (irreconcilable differences)

Question 2

Is separation required for divorce?

Answer 2

Required by some states BEFORE a divorce will be granted

Question 3

Duties of a mediator

Answer 3

1. Be impartial
2. Disclose any conflict of interest
3. Explain the process
4. Be in control of the mediation process
5. Not coerce or improperly influence
   * * mediator misconduct may be grounds for enforcing a separation agreement OR property settlement????????

Question 4

Division of Property - Community Property - what is required

Answer 4

Requires EQUAL division of marital property

* Only 9 states

Question 5

Division of Property - Common Law??? - what is required?

Answer 5

Requires EQUITABLE or FAIR distribution of all marital property

• Takes into consideration all of the circumstances between parties
• • Majority rule

Question 6

What is marital property?

Answer 6

All property and assets acquired DURING marriage by any means OTHER than gift, descent, or devise

• Divided between spouses

Question 7

What is separate property?

Answer 7

Assets acquired DURING marriage by gift, descent, or devise

OR

Anything acquired BEFORE marriage

Question 8

Examples of Marital Property

Answer 8

• Future retirement/pension benefits (MP is profits or benefits earned during marriage, even if not received until after divorce)
• Professional licenses/degrees (majority - NOT MP, but may award reimbursement for a spouses ACTUAL contribution to educational and living expenses)
• Personal unjustly claim proceeds
  1. CoA accrues during marriage (even if separated) ALL proceeds treated as MP
  2. Damages divided by type
• compensatory are SP of the injured spouse
• Consortium are SP of the non-injured spouse
• lost wages, lost earning capacity, and medical expenses are MP

Question 9

Property Division Awards - modifiable?

Answer 9

NOT modifiable after the fact (based in assets at the time of divorce)

Question 10

Future Retirement/Pension Benefits - MP?

Answer 10

• Future retirement/pension benefits (MP is profits or benefits earned during marriage, even if not received until after divorce)

Question 11

Professional Licenses/Degrees - MP?

Answer 11

• Professional licenses/degrees (majority - NOT MP, but may award reimbursement for a spouses ACTUAL contribution to educational and living expenses)

Question 12

Personal Injury Claim Proceeds - MP?

Answer 12

• Personal Injury claim proceeds
  1. CoA accrues during marriage (even if separated) ALL proceeds treated as MP
  2. Damages divided by type
• compensatory are SP of the injured spouse
• Consortium are SP of the non-injured spouse
• lost wages, lost earning capacity, and medical expenses are MP

Question 13

Does no fault divorce require an attempt at reconciliation?

Answer 13

No attempt at reconciliation required (but may require separation)

Question 14

Consent is required for no fault divorce, T/F?

Answer 14

False, requires neither fault nor consent of other spouses

Question 15

What happens to separate property at marriage?

Answer 15

Remains the property of the owning spouse (generally)

Question 16

Can separate property become MP?

Answer 16

Yes, SP can be transformed into MP if
1. marital funds or
2. efforts by owner-spouse
enhances SP value/or build equity during marriage

Question 17

When separation is required for a no-fault divorce, spouses have to agree to separate, T/F?

Answer 17

• doesn’t have to be agreed to by both spouses

- one souse can unilaterally move out and start the separation period