Divorce Flashcards
what are the kinds of divorce
fault and no fault
what do you need for fault divorce
-cruelty
-adultery
-desertion
what’s the exception to fault divorce
can get divorce if living apart and separate for two years, agreed upon by parties
what counts as cruelty for fault divorce
need reasonable apprehension of bodily harm – one act is not enough
what counts as adultery for fault divorce
voluntary affair, not rape
what counts as desertion for fault divorce
unjustified, intentional departure without other’s consent
what is constructive abandonment for fault divorce
like if spouse locked the other out
defenses to fault divorce
-recrimination (he did it too)
-connivance (unclean hands, pushed the other to do it)
-condonation (spouse forgave it)
-collusion
-insanity (doesn’t work for cruelty)
why was fault system bad
-adversarial
-rigid
-people were colluding
what is the policy of no fault divorce
supports the theory of family privacy, the court does not inquired upon the family home.
Supports autonomy of decision making.
what does UMDA say for no fault divorce
“irretrievably broken”
shown by
-both say it is OR
- one does and they’ve lived apart for 180 days OR serious marital discord
can consider all relevant fators
what does Oregon say about no fault divorce
irreconcilable difference causing irremediable breakdown
no presumption that living apart means its over
what if one party wants no fault divorce but the other doesn’t
court will decide if they think they can patch things up or no
who must have access to courts
indigents!
what if people get divorced so that one will be broke and be able to get bennies from gov
divorce can be vacated if court finds out you pulled one over on them
