Divorce & Separation

Question 1

Jurisdiction

Answer 1

(1) ONE of the spouses must be DOMICILED in the state seeking to enter the divorce
(2) Min. period of time (90 days to 6 mos.) then presumption domiciled
(3) For FINANCIAL ISSUES. Court MUST have PJ over BOTH parties

Possible for more than 1 state to have jurisdiction over the divorce

Question 2

Grounds for Divorce

Answer 2

(1) No Fault Divorce = Irreconcilable Differences; Living separate and apart for specified time period; Incompatibility
(2) Fault Based Divorce = Adultery; Desertion; Cruelty; Habitual drunkenness after marriage; Insanity

Question 3

Defenses to Divorce

Answer 3

(1) No fault; can claim reconciliation to restart time clock
(2) Fault based = Collusion; Connivance; Condonation; Re-crimination

Question 4

Legal Separation

Answer 4

NOT terminating marriage

• Parties still married and can seek to have their rights regarding property, spousal support, child custody, child support decided
• Court MAY permanently divide marital property when legal separation granted (if so, after acquired property is separate property)