Divorce

Question 1

divorce

Answer 1

divorce decree terminates marriage

Question 2

fault v. no-fault

Answer 2

Traditionally: proof of fault required

Majority: include no-fault divorce forms

Question 3

grounds for divorce

Answer 3

any or all of the following:

1. irretrievably broken (aka irreconcilable differences)
2. living separate
3. incompatibility

Question 4

irretrievably broken

Answer 4

“irreconcilable differences”

most common

some states: only ground (other grounds are mere evidence)

Question 5

living separate

Answer 5

parties have been living separate and apart for a given time (usually 6-12 months)

Question 6

defenses

Answer 6

exists in some states

BUT, court will not force marriage if one party wants dissolution

Question 7

separation

Answer 7

a legal parting does NOT terminate marriage
- parties CANNOT remarry
- separation proceeding for division of property & child support
- can become absolute divorce after statutory period and request of parties