Divorce Flashcards
How is property distributed under equitable distribution?
Under equitable distribution marriable prop is divided w/o regard for marital misconduct. Each party will not necessarily get 50%. Common splits are 50/50, 55/45, 60/40.
What is alimony
An order for support granted to a spouse or former spouse in conjunction with a decree granting a divorce or annulment.
What is alomony pendente lite?
An order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding.
What does irretrievable breakdown mean?
estrangement due to marital difficulties with no reasonable prospect of reconciliation.
Parties don’t need to be living in separate residences. The fact that a defendant in a divorce proceeding maintains hope for reconciliation is not sufficient to support a finding that the marriage has not irretrievably broken down.
What is spousal support?
Care, maintenance and financial assistance.
What should be considered when taking a divorce case?
- Name of the parties (for a conflict check)
- Address (jurisdiction issues)
- Date of marriage and date of separation (to determine when you can move forward w/ equitable distribution)
- Grounds for divorce (fault/no fault)
- Income of both parties & relative assets and debts
What is Connivance?
The prior consent of one spouse to the misconduct of another. Doesn’t need to be expressly asserted in the pleadings
What is recrimination?
when there is a showing that there exists equal fault of like conduct (both are adulterers)
What is condonation?
Forgiveness of the ground for divorce. This requires:
1. Kowledge
2. Forgiveness
3. resumption of marital; relations w/ guilty spouse
What is annulment?
Termination of a marriage that was void or voidable from its inception
Collusion
he spouses have agreed to commit a fraud against the court
What is Provocation
The act of inciting another person to do a particular thing
What are the grounds for divorce in PA
- Willful and malicious desertion, w/o reasonable cause, for one or more years
- Adultery
- cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse
- Bigamy
- Sentenced to imprisonment for a term of two or more years
- Offered such indignities to a spouse as to render that spouse’s condition intolerable and life burdensome.
Divorce by mutual consent
marriage is irretrievably broken and 90 days have elapsed from commencement of an action and each party has filed an affidavite showing their consent
When will consent for divorce be presumed
When a party has been conviceted of commiting a personal injury crime against the other.
When will no hearing be required for a divorce?
If the grounds for divorce alleged are established to be mutual consent or irretreivable breakdown
When shall the court notify both parties of the availability of counciling and provide such counciling upon request, upon comencement of the action.
Indignities that render the spouxe’s condituon intolerable & life burdensom. Also for Mutual consent and irretrievable breakdown
3301(a)(6), (c) or (d)
Who choses a qualified professional if counciling is requested?
The parties, the professional doesn’t need to be chosen from a list by the court.
When is the court not allowed to require counseling?
- A party has a PFA against the other
- the party was the victim of a personal injury crime for which the other party was convicted
What are the defenses to a divorce?
condonation, connivance, collusion, recrimination and provocation
When do the common law defenses not apply
Mutual consent & irretrievable breakdown
What is a specific defense to adultry?
the defendant alleges and proves, or if it appears in the evidence, that the plaintiff:
1) is gulty of like conduct
2) has admitted the defendant into conjugal society or embraces after the plaintiff knew of the fact
3) allowed the defendant’s prostitution or received hire from it; OR
4) exposed the defendant to lewd company whereby the defendant became involved in the adultery.
