Divorce & Separation Flashcards
What courts have jurisdiction over divorce actions?
Any court in state that at least one party domiciled in
In divorce action, D entitled to what?
due process rights of notice AND
opportunity to be heard
What’s required for FF&C re divorce decree?
one party domiciled in stated where decree entered
If filing spouse wants remedies beyond mere divorce, court generally needs what?
personal jurisdiction
Duties of a mediator?
Mediators must:
1) explain process
2) explain right to independent counsel
3) ensure parties have enough info for informed decisionmaking
4) remain impartial/disclose any potential bias
5) control any power imbalance b/w parties
What’s required for FF&C re property rights, spousal support, and financial issues?
Court entering decree has personal jurisdiction over D
3 grounds for no-fault divorce?
1) irretrievably broken (bilat.)
2) living apart for specified AND continuous time period (bil./uni.)
OR
3) spouses agree they are incompatible AND can’t stay married (bilat.)
Grounds for fault divorce?
1) adultery
2) willful desertion (abandonment)
3) extreme physical/mental cruelty
4) voluntary drug addiction (arising after marriage)
5) habitual drunkenness (arising after marriage)
6) insanity
What’s required for fault divorce based on adultery?
circumstantial evidence of:
1) opportunity
2) inclination
AND
3) corroboration (often)
What’s required for fault divorce based on abandonment?
unjustified departure from marital home for specified period of time with no intent to return (usually must ask and other refuses)
Defenses to no-fault divorce?
ONLY option is to deny existence of no-fault ground
Defenses to divorce based on fault?
1) collusion
2) connivance
3) condonation
4) recrimination
What is legal separation?
order that ajudicates all rights re property, spousal support, custody, and child support
Does a legal separation order terminate a marriage?
No
If court permanently divides marital property, than any after acquired property is what?
separate property
