Divorce Flashcards
Enforcement of separation agreements
The court will generally enforce separation agreements unless it is unconscionable or based on fraud. As in any contract, the parties must enter into a separation agreement voluntarily. Courts consider factors such as time-pressure, the parties’ previous business experience, and the opportunity to be represented by independent counsel.
Can distribution of property consider fault?
Most jurisdictions recognize both fault and no-fault grounds for divorce. In most states, the fact that a divorce is granted on a fault ground, such as adultery, is not a factor in the distribution of property.
Are spouses entitled to contributions made for the others future financial benefit reimbursable?
A court may use its equity power to award a spouse reimbursement for his actual contribution toward the other spouse’s educational and related living expenses. This varies by jurisdiction, in a jurisdiction that dos not permit such reimbursement, a court may, however, view an advanced degree or license as increased earning capacity, which may have an effect on the determination of alimony.
Modification of separation awards.
Though a support award can be modified subsequent to a divorce decree, the property division award cannot be modified. Unlike support awards, which are subject to changing circumstances, the division of the marital assets was determined based upon known facts and circumstances as they existed at the time of divorce.
Determining proper jurisdiction: property settlements
State courts have subject matter jurisdiction over domestic relations issues. A petition to modify a property settlement related to divorce is a domestic relations issue. Unlike child support, UIFSA does not apply to divorce related property disputes so those jurisdictional rules do not limit the state’s jurisdiction. The court may exercise personal jurisdiction over an individual if that person is voluntarily prese
