Divorce and Separation

Question 1

Jurisdiction to Issue Divorce Decree

Answer 1

A court has jurisdiction to issue a divorce decree if one spouse is domiciled in in the state.

Question 2

Jurisdiction to Determine Property Rights and Support

Answer 2

A court may determine property rights relating to property located within its jurisdiction. Otherwise, a court needs personal jurisdiction over both parties.

Question 3

Grounds for Divorce

Answer 3

No-fault divorce permits the parties to obtain a divorce without regard to marital fault:

• Irreconcileable differences (may require spouses to agree to divorce);
• Living separate and apart for a specified period of time (unilateral is okay);
• Incompatibility.

Fault based divorce requires a showing of marital fault:

• Adultery;
• Desertion or abandonment for a specified period of time;
• Cruelty;
• Habitual drunkenness or drug abuse that commences after the marriage;
• Insanity.

Question 4

Defenses to Divorce

Answer 4

There are four defenses to divorce:

• Collusion. The parties agree to simulate the grounds for divorce.
• Connivance. One spouse consented to the other spouse’s misconduct.
• Condonation. One spouse forgave the misconduct.
• Recrimination. Both spouses are guilty of marital fault.