Divorce Proceedings (22%)

Question 1

Who has Subject Matter Jurisdiction for Divorce

Answer 1

District Court

Question 2

What is the domicile requirement for divorce?

Answer 2

One of the parties must live in the state at the time the action is filed

Question 3

What is the residency requirement for divorce?

Answer 3

One of the parties must have lived in the state for 6 months prior to filing

Question 4

Venue for divorce is proper where?

Answer 4

Any spouse lives

Question 5

A jury cannot decide in a divorce action

2

Answer 5

1. equitable distribution

2. child support and child custody

Question 6

Grounds for Divorce

2

Answer 6

1. divorce from bed and board

2. absolute divorce

Question 7

Absolute divorce is

Answer 7

Action that ends the marriage

Question 8

Divorce from bed and board is

Answer 8

Legal separation, does not end the marriage

• Let’s parties live apart
• Can get order to have one move out
• Residency requirement of six months

Question 9

Fault-based divorce exists in North Carolina in two places

Answer 9

1. Divorce from bed and board

2. Alimony and post separation support

Question 10

Divorce from bed and board must prove

Answer 10

One of the specified statutory grounds for fault

1. Abandonment
2. Maliciously turning the other out of doors
3. Cruelty
4. Indignities
5. Substance Addiction
6. Adultery

Question 11

What is abandonment ground for fault

Answer 11

spouse brought the cohabitation of the parties to an end + without other spouse + without justification + without intention to reunite

-can be constructive abandonment (not having sex, witholding emotional support)

Question 12

Maliciously turning the other out of doors ground for fault

Answer 12

Kicked out of the home

Question 13

Cruelty as a ground for fault

Answer 13

by cruel of barbarous treatment endangers the life of the other

• course of conduct
• mental or psychological
• Cruelty is not subject to the defense of condonation (forgiveness).

Question 14

Indignities as a ground for fault

Answer 14

A spouse offers such indignities to the other as to render their life intolerable

• course of conduct
• Consistent nagging, false accusations, keeping company with member of opposite sex

Question 15

Alcoholism/Addiction as a ground for fault

Answer 15

if it renders life intolerable

Question 16

Defenses to fault

Answer 16

1. recrimination when both spouses are guilty, the court will deny a divorce to either on the ground of recrimination
2. Collusion: when parties would collude to create a false ground for divorce
3. Connivance: Moving spouse facilitated the commission of the wrong (encourages the fault)
4. Condonation: forgives the other’s conduct by words or conduct (≠cruelty)–>can be conditional

Question 17

Effect of the Divorce from Bed and Board

Answer 17

Whatever the court orders is going to be given full effect in the action for absolute divorce unless the court makes changes.

An order for divorce from bed and board will not end the marriage

If πspouse dies before divorce, then ∆ spouse cannot gain from estate of π

Award

• post-separation support
• primary residence

Question 18

a dependent spouse is a spouse who

Answer 18

is substantially in need of the sponsoring spouse

-look at needs v. ability to pay

Question 19

Dependent spouse post-separation support factors

4

Answer 19

1. standard of living during the marriage
2. Income and potential
3. Debt obligations
4. Reasonable living expenses

Question 20

Order for post-separation support lasts

Answer 20

• cohabitation of the dependent spouse with another member of opposite sex
• for a specified time; or,
• until absolute divorce

Question 21

When may a dependent spouse not recieve post-separation support?

Answer 21

If they are guilty of marital misconduct
-Weight the marital misconduct of both dependent spouse and supporting spouse?

-Marital misconduct = grounds for divorce from bed and board
Additional Grounds
-involuntary separation by a criminal act
-reckless spending wasting marital assets
-Fails to provide support to other spouse

Question 22

In North Carolina, the no-fault grounds for an absolute divorce are:
(2)

Answer 22

1. separated by 3 years or more because of incurable insanity of one of the spouses;
2. continuous separation for more than 1 year

Question 23

Absolute Divorce 1-Year Separation requires:

Answer 23

1. Must live in separate residences

2. Moving party must have intent to live apart

Question 24

Defenses to Absolute Divorce?

Answer 24

1. reconciliation: parties move back in together and act as husband and wife (≠ isolate sex acts)
   2.

Question 25

Effect of a reconciliation for absolute divorce?

Answer 25

1. Starts the 1 year period for separation again

2. Starts property valuation clock over

Question 26

Effect of an Absolute Divorce

Answer 26

1. ends the marital relationship (no longer fiduciary duties, or duty of support)
2. Parties are free to marry other people
3. Divides Properties
4. Award alimony or spousal support
5. Child Support

Question 27

To get property in divorce, what must a spouse do?

Answer 27

File a motion for equitable distribution of the property

Question 28

If a court grants alimony, they must specifiy

Answer 28

Court must give reasons for its decisions and specify in its findings what factors it has considered.

1. how much it will be
2. how long it will be paid
3. how it will be paid

Question 29

If child support and alimony are included in the same decree, they must

Answer 29

Show what part is alimony and what part is child support

Question 30

A N.C. court has in rem jurisdiction over a divorce action if?

Answer 30

One of the parties is domiciled in the state

-must have lived in the state for six months and intends to establish permanent residence there