Divorce Flashcards
When does a Virginia court have jurisdiction over a divorce?
One spouse is a DOMICILIARY of VA and has been a bona fide resident of VA for at least 6 months
What are the three preferred venues in a VA divorce?
Where the couple lived
Where the defendant lives
If D is out of state, where P lives
What is a Divorce a Mensa et Thoro
Legal separation
Personal and property rights of parties protected
Neither can marry a third party in the others lifetime
What is a Divorce a Vinculo Matrimonii?
Complete divorce
No more JTROS
Converts all to tenants in common
What are fault based grounds for Divorce a Vinculo Matrimonii?
Adultery/sodomy/bigamy outside marriage
Felony conviction
Desertion - more than one continuous year without justification
Constructive desertion - cruelty and/or willful neglect of marital duties
Physical or mental cruelty (more than just being mean)
What are affirmative defenses to fault based divorce?
Condonation - forgiveness (resume cohabitation with knowledge of acts)
Connivance - think entrapment
Recrimination - spouse guilty of similar offense
What is statute of limitations for adultery, sodomy, or buggery?
No grounds if more than 5 years has passed since wrongful act
What are grounds for no fault divorce?
Parties agree to end
No children
Can negotiate a separation agreement
Other than grounds, are there any other requirements for a no fault divorce?
If conditions are met - they must live apart for 6 months
If a condition is missing, they can still get one if live apart for 1 year
What are grounds for divorce a Mensa et Thoro?
Cruelty or reasonable apprehension of bodily harm
Abandonment or desertion - intent to desert and actual breaking off of cohabitation needed
Is there a waiting period for divorce a Mensa et Thoro?
Nah.
Can someone who is granted a divorce a Mensa et Thoro get a subsequent absolute divorce?
Yea. After a year, the causes can be merged into one if no reconciliation takes place.
Can be 6 months if no kids and they have a separation agreement.
Can divorce a Mensa et Thoro be revoked?
Yes if they reconcile.
