Divorce Flashcards
Divorce is a ___________.
Legal dissolution of a marriage
Residency Requirement
Divorce
Most states require that at least one of the parties be a resident of a state
Length required depends on variety of factors (married in state, grounds for Divorce happened in the state
Grounds for Divorce
- No fault
- Fault
Minority have a no-fault only statute
No-fault Divorce Majority Rule
Granted if a marriage is irretrievable broken
AKA “irreconcilable differences”
No-fault Divorce Requirements
- Some states - must be separated for a specific period of time prior to filing
- One spouse wishing to reconcile CANNOT prevent the dissolution
- Most states abolished traditional defenses to divorce
Fault Divorce
8 reasons
- Adultery
- Cruelty
- Desertion
- Habitual Drunkenness
- Bigamy
- Imprisonment
- Indignity
- Mental Disorder
Defense: Laches, unclean hands, assumption of the risk
Adultery
Fault Divorce
- Voluntary sexual intercourse with someone else
- Must be shown that they had opportunity and inclination
- Must provide enough evidence (circumstantial is OK) that they did it
Cruelty or Inhumane Treatment
- Not just one-time, a course of conduct
- Most courts look to physical harm (only some allow based on emotional abuse/cruelty)
- Must make cohabitation unsafe or improper
Desertion (Abandonment)
Fault Divorce
- When one spouse voluntarily leaves the marital home without cause or consent
- Some jx: if one spouse kicks the other out and there is fear of harm upon return
Bigamy
Fault Divorce
One spouse knowingly entered into another marriage before current marriage
Imprisonment
Fault Divorce
If imprisonment is fore a specific period of time
Indignity
Fault Divorce
Negative behavior to other that makes spouse’s life interolerable and burdensome
Vulgarity, habitual laziness, manifest disdain, sexually deviant behavior
Habitual Drunkenness
Fault Divorce
- Frequent habit of getting drunk that cause impairment to relationship
- Must be more than the occassional level of intoxication
Allowed by some states
Possible defense = assumption of the risk
Institutionalization
Fault Divorce
- Insanity or mental condition result in confinement to mental institution for specific time
- No reasonable prospect of discharge
Defenses to Fault Divorce
- Recrimination
- Unclean hands
- Connivance
- Condonation
- Collusion
- Provocation
- Insanity
- Consent
- Justification
- Religion (fail in all jx)
Recrimination
Both spouses commit a marital wrongful act (both committing adultery)
Common in adultery, desertion, cruelty cases
Connivance
Complaining spouse gave consent to or participated in the marital wrong
Unclean Hands
But you were also doing something wrong
Common in adultery, desertion, cruelty cases
Condonation
Forgiveness was given
Forgiving spouse must have knowledge of wrongful act and resume marital relations after that knowledge
At common-law, once forgiven, cannot be future grounds for divorce
Collusion
Both parties conspired to fabricate grounds for divorce
Provocation
Misconduct to due other spouse provoking
Insanity
One spouse does not know the difference between right and wrong or lacks ability to understand wrongfulness
Consent
Defense to desertion or adultery
Justification
IE One spouse leaves home because of spouse’s misconduct
Religion
Fault defense
Fail in all jurisdictions
Limited Divorce
“Divorce from Bed and Board”
Widely recognized, rarely used
Legal separation where live apart, but still legally married
Religous or medical reasons
Separation Maintenance
Live together, but decree for support (typically for wife and minor children)
Finalizing a Divorce
Dissolution is granted, then an interlocutory period before finalization (no remarriage)
Mediation - Divorce
- Court appointed neutral and unbiased mediator
- Cannot be connected with any party
- Submit settlement agreement to court afterward
- Can resolve child support, custody, visitation, parenting time, spouseal support, division of assets
