Ending a Marriage Flashcards
When can an annulment void a marriage?
- Prior existing marriage
- Exception: Enoch Arden: Good faith belief first
spouse dead.
- Exception: Enoch Arden: Good faith belief first
- Incest
- Mental Incapacity
When can an annulment make a marriage voidable?
- Age: Under 18 only minor can do it. But: if 18+ and still living together, no longer voidable.
- Impotence: naturally and incurably. But if party knew before marriage, not voidable.
- Intoxication
- Fraud, duress, coercion, force
- Lack of intent (joke)
Are children of an annulled marriage marital children?
Yes.
What are the defenses to annulment?
Unclean hands, latches, estoppel.
What is the putative marriage doctrine?
When a party engages in a ceremonial marriage and believes in good faith it is valid, can use state’s divorce provisions.
What kind of requirement do most states have for divorce?
Residency Requirement (subject matter jurisdiction)
What is the divisible divorce doctrine?
When court has only jurisdiction over one party and not the other, court has jurisdiction to grant divorce only, but not property division, child support, and child custody.
Court must have personal and subject matter jurisdiction over other party to do those other things.
What are the grounds for a fault divorce?
Adultery - Opportunity + inclination
Cruelty
Desertion
Habitual Drunkness
Bigamy
Imprisonment
Indignity
Institutionalization with no reasonable prospect of discharge
What defenses to fault divorce?
Unclean Hands
Consent (to desertion and adultery)
Forgiveness
Collusion
Provocation
Insanity
Connivance (participation in marital wrong)
Justification
What is a no-fault divorce?
Marriage is irretrievably broken.
Note: half the states require live apart for some time.
Note: No defenses generally.
What are the 2 types of divorce property division?
- Community Property - Equal division
2. Equitable Distribution - Fair distribution
What is marital property?
- Property acquired during the marriage
- Appreciation when spousal labor
- Retirement/pension/military benefits
- Goodwill
- Vacation Days - States split
- Stock Options
- Personal Injury Claims
- Some states: if accrues during marriage
- Other states: depends on type of damages
What is not marital property?
- Acquired before marriage
- Gits or inheritance
- Excluded bu valid agreement
- Settlement award.
- Property Mortgaged
- Property sold/granted/conveyed
- Professional licenses
- Future interests
- Social Security
Can divorce property allocations be modified?
No.
What are factors considered for divorce property distribution?
- Length of marriage
- Prior earnings
- Ages, earning capacity, potential, health, needs
- Income, medical needs, economic circumstances
- Contributions to increase in marital property (home-making and child care).
- Value of separate property
- Children
