Divorce / Dissolution Flashcards

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1
Q

What is the difference between annulment & divorce?

A
  • annulment = as if the marriage never existed

- divorce = terminates a valid marriage

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2
Q

Can an annulment be granted for fraud that occurred after the marriage was entered?

A

No - the grounds for annulment must exist @ the time of entry into the marriage.

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3
Q

What are the two types of divorce jurisdictions?

A

1) fault based;

2) no fault based

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4
Q

What are the 4 grounds for divorce in a fault based jurisdiction?

A

1) adultery;
2) cruelty;
3) desertion;
4) others (convictions, addictions, insanity)

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5
Q

What is the definition of adultery?

A

Voluntary sexual intercourse of a married person w/ someone other than their spouse

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6
Q

Can a spouse claim grounds for cruelty after one instance of domestic violence?

A

No - cruelty requires the action to be habitual.

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7
Q

What is the definition of desertion?

A

Cessation of cohabitation, w/out cause or consent, but with the intent to abandon for the statutory period of time.

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8
Q

What is constructive desertion?

A

When one spouse is forced to leave by the other’s conduct.

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9
Q

What are the 4 defenses to fault based divorces?

A

1) recrimination;
2) condonation;
3) connivance;
4) collusion.

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10
Q

What must be shown to obtain a no fault divorce in FL?

A

either (a) that the marriage is irretrievably broken, or (b) the spouse is insane & has been institutionalized for at least 3 years.

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11
Q

What is the defense to a no fault divorce in FL?

A

Denial of the grounds

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12
Q

Where is the appropriate jurisdiction for a party to obtain a divorce?

A

Wherever their domicile is (domicile = presence w/ intent to remain)

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13
Q

How long must an individual reside in FL to be considered a resident for divorce purposes?

A

6 months prior to filing

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