Divorce

Question 1

What is divorce?

Answer 1

a decree of absolute divorce terminated the marriage relationship

Question 2

What is no fault divorce?

Answer 2

requires a showing that the marriage is irretrievably broken and/or the parties have been living apart for a specified time.

Question 3

What is the defense of a no fault divorce?

Answer 3

That the marriage is not broken or they have not lived separate and apart.

Question 4

What are the grounds for fault divorce?

Answer 4

1) adultery
2) desertion
3) extreme cruelty
4) voluntary drug addiction
5) habitual drukenness
6) Insanity

Question 5

What are the defenses of fault divorce?

Answer 5

1) Collusion - agreement to make it up
2) Connivance - consent of the misconduct
3) Condonation - forgiveness w knowledge
4) Recrimination - also guilty of misconduct

Question 6

Does an order of legal separation terminate a marriage?

Answer 6

No, but they can have their spousal support, child custody, child support adjudicated in this proceeding.

Question 7

Must one of the parties be domiciled in the state where they seek the divorce?

Answer 7

Yes.

Question 8

Can they remarry even if the decree is not final?

Answer 8

NO, they must wait until a final decree.