divorce + seperation

Question 1

jurisdiction for divorce action

Answer 1

only one party needs to be domicilled in state where divorce action is sought

and

possible for multiple states to have jx over a divorce

Question 2

to determine financial issues in a divorce, court needs to have

Answer 2

PJ over the D

Question 3

list (2)

grounds for divorce

Answer 3

1. no fault
2. fault

Question 4

list (3)

no-fault

Answer 4

1. spouses agree marriage is irretrievably broken
2. spouses have lived apart for a specified and continuous period of time
3. spouses agree they are incompatible and can no longer be together

Question 5

list (5)

fault

Answer 5

1. adultery
2. willful desertion or abandonment - unjustified departure from martial home for specific time with no intent to return
3. extreme physical and/or mental cruelty
4. voluntary drug addiction or habitual drunkenness commencing after marriage
5. insanity

Question 6

no-fault divorce defenses

Answer 6

only defense is to deny one of the grounds for no-fault (ie deny that marriage was irretrievably broken)

Question 7

list (4)

fault divorce defenses

Answer 7

1. collusion - spouses agree to stimulate aka pretend grounds for divorce
2. connivance - willing consent to other spouse’s misconduct; limited to adultery
3. condonation - forgiveness of martial offense with full knowledge of the wrongs, KEY: resume marital relations after forgiveness
4. recrimination - when party seeking divorce also guilty of misconduct for which a divorce may be granted; rare

Question 8

does legal separation terminate marriage

Answer 8

no