Divorce

Question 1

Residency requirement for divorce

Answer 1

Only one party needs to be domiciled in the jurisdiction

Question 2

Personal jurisdiction over defendant spouse

Answer 2

Needed if the filing spouse wants any remedies beyond simply a divorce (alimony or property division)

Question 3

No fault divorce

Answer 3

Both spouses agree marriage is irretrievable broken;
Have lived apart for a specified and continuous time;
Both spouses agree they are now incompatible

Question 4

Fault grounds

Answer 4

Adultery; willful desertion; cruelty; voluntary drug addiction or habitual drunkenness; insanity

Question 5

Defenses to divorce

Answer 5

No fault: deny existence of one of the grounds

Fault based: collusion; connivance; condonation; recrimination

Question 6

Three types of property division:

Answer 6

Community property; equitable division of all property; equitable division of marital property

Question 7

Two-step process for property division

Answer 7

Classification; division

Question 8

Separate property

Answer 8

Property owned before marriage; property acquired by gift or inheritance; property aquired in exchange for separate property; income and appreciation of separate property; pain and suffering awards; personal damages; property acquired after an order of legal separation that includes a final disposition of property

Question 9

Marital property

Answer 9

Property acquired during the marriage; earnings; employment benefits, pensions, and stock options; lost wages; reimbursement for medical bills paid with marital property; recovery for damages to marital property

Question 10

Commingling property

Answer 10

Separate property that is inextricably intertwined with marital property

Question 11

Transmutation

Answer 11

The separate property is treated in a way that evidences an intention for the property to be marital

Question 12

Factors for equitable division

Answer 12

Age, education, background, and earning capabilities;
Duration of marriage;
Standard of liing;
Present incomes;
Souce of the money used to purchase property;
Health;
Assets, debts, and liabilities;
Needs;
Child custody provisions;
Alimony;
Opportunity to acquire future income;
Contribution to the acqusition of assets;
Contribution as a homemaker;
Economic fault

Question 13

Types of alimony

Answer 13

Permanent periodic spousal support; lump sum; rehabilitative; reimbursement

Question 14

Factors when awarding alimony

Answer 14

Standard of living;
Duration of marriage;
Age and physical condition;
Financial resources;
Contribution;
Time needed for the party seeking support to obtain training;
Ability of payor spouse;
Marital fault

Question 15

Requirement for modification of spousal support

Answer 15

Substantial change in circumstances

Question 16

Termination of spousal support

Answer 16

Periodic terminates upon remarriage or death or either spouse. Lump sum and reimbursement not modifiable and survives death of either spouse