Divorce and Separation

Question 1

Jurisdictional requirements?

Answer 1

To have jurisidction over a divorce, only one party needs to be domiciled (resident with the intent to remain) in the jurisdiction.

–> more than 1 state can have jurisdiction. multiple cases can proceed until one gives judgement and the other loses SMJ.

**To determine financial matters, the court must have PJ over the defendant. **

Many states have a minimum residency requirement of 90 days.

Question 2

Define

No fault divorce

Answer 2

Spouses can get divorce without regard to marrital fault. Requires showing that :

• the marriage is irreparably broken (irreconcilable differences);
• spouses have been living appart for specific duration (this can be bilateral or unilateral); or
• spouses agree they are now incompatible.

Question 3

Fault Grounds

Answer 3

Adultery (need to show circumstantial evidence of opportunity and inclination)
Abandonment
Cruelty
addiction
Insanity

Question 4

Define

Legal Separation

Answer 4

Does not terminate marriage but the parties can have all of their rights regarding property, spousal support, custody and child support adjudicated in this proceeding

why? religion, old age, health insurance