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MEE Family Law > Divorce > Flashcards

Divorce Flashcards

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1
Q

Jurisdiction in divorce cases

A

Only one of the parties needs to be domiciled in the jurisdiction.

But to determine financial issues, the court must have PJ over the defendant. There’s a limited exception for marital property located within the state.

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2
Q

Grounds for a no-fault divorce

A
  1. Irreconcilable differences, and
  2. Living apart for a continuous period of time

The fact that one spouse thinks the marriage should be saved is generally insufficient to prevent divorce.

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3
Q

Grounds for fault divorce

A
  1. Adultery
  2. Willful desertion
  3. Cruelty
  4. Drug addiction or habitual drunkenness
  5. Insanity
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4
Q

Defense to no-fault divorce

A

Reconciliation, or that one of the factors doesn’t exist.

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5
Q

Defenses to fault-based divorce

A
  1. Collusion
  2. Connivance (swingers)
  3. Condonation (forgiveness)
  4. Recrimination (unclean hands)
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6
Q

What is the equitable division of marital property?

A

Each spouse takes their separate property, and the court only divides the property acquired during the marriage.

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7
Q

What is separate property?

A
  1. Property owned before marriage
  2. Property acquired by gift or inheritance
  3. Property acquired in exchange for separate property
  4. Income/appreciation of separate property
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8
Q

What is marital property?

A

All other property acquired during the marriage, including:

  1. Earnings and bonuses (and property acquired by those)
  2. Employment benefits/pensions/stock options
  3. Lost wages
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9
Q

What is commingling?

A

Separate property is inextricably intertwined with marital property to the extent that it can no longer be traced.

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10
Q

What is transmutation?

A

Separate property that is treated in a way that evidences an intention for the property to be marital property.

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11
Q

What happens to separate property that is improved by the use of marital funds or the effort of a spouse?

A

Property remains separate, but most courts will grant reimbursement for added value.

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12
Q

How do courts treat property acquired before marriage but paid for after?

A

Majority: apportioned between separate and marital estate based on where the funds came from

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13
Q

How is a professional license or degree treated?

A

Not marital property, but some jus use alimony to compensate the supporting spouse.

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14
Q

What factors do courts consider in equitable division of property?

A
  • Age/education/background/earning capabilities of both
  • Duration of marriage
  • Standard of living
  • Present incomes
  • Source of money used to purchase property
  • Health
  • Assets/debts/liabilities
  • Needs
  • Child custody provisions
  • Alimony amount
  • Opportunity to acquire future income/assets
  • Contribution to the acquisition of assets
  • Contribution as a homemaker
  • Economic fault

**Marital fault is not considered!

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15
Q

What are the types of alimony?

A
  1. Permanent periodic spousal support
  2. Lump sum
  3. Rehabilitative spousal support
  4. Reimbursement spousal support
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16
Q

Permanent periodic spousal support

A

Paid regularly to support a spouse who has neither the resources nor the ability to be self-sustaining

Terminates upon the death of either or the remarriage of the recipient.

Modifiable upon substantial change in circumstances.

17
Q

Lump sum

A

Payable either all at once or via a series of payments.

Cannot be modified.

Survives the death of either spouse.

18
Q

Rehabilitative spousal support

A

Periodic payments for a limited time to enable a spouse to gain skills to become self-supporting.

Modifiable upon substantial change in circumstances.

Terminates upon the death of either or remarriage of the recipient.

19
Q

Reimbursement spousal support

A

Awarded to a spouse who supported the other spouse while the latter obtained a professional license/degree.

Not modifiable.

Survives the death of either spouse.

20
Q

Factors to be considered when awarding alimony

A
  • Standard of living
  • Duration of the marriage
  • Age/physical/emotional condition of each
  • Financial resources
  • Contribution to the marriage
  • Time needed for the party seeking support to get training for employment
  • Ability of the payor to meet their own needs while paying support
  • Needs of the claimant
  • Marital fault
21
Q

Is a self-induced reduction in income by the payor sufficient to have alimony reduced?

A

No.

22
Q

What is a separation agreement?

A

An agreement entered into after marriage under which the parties agree to live apart and resolve economic issues and custody rights.

23
Q

What are the requirements for an enforceable separation agreement?

A
  1. Voluntary
  2. Full and fair disclosure by both parties, and
  3. Consideration (mutual promises within the agreement).

**Alimony/property division can be waived, but court not bound by provisions regarding children.

24
Q

What is the purpose of spousal support?

A

To ensure an adequate income stream for persons whose economic dependency has resulted from the marital relationship.

MEE Family Law (3 decks)

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