Ending A Marriage Flashcards
How may a valid marriage be terminated?
(1) Annulment
(2) Divorce
(3) Death
*all three can terminate a common law marriage
What is a void marriage?
A void marriage is treated as if it never happened. It does not need to be judicially dissolved and it will not be legally recognized for any period.
What types of situations allow a party to avoid a marriage?
A prior existing marriage, incest, or mental incapacity
What is an Enoch Arden statute?
A defense to bigamy if the parties had a good faith believe that the previous spouse was dead.
What is a voidable marriage?
A voidable marriage is valid until one spouse legally voids the marriage. There must be a judicial decree that dissolves the marriage. Grounds for a voidable marriage include age, impotent, intoxication, and fraud or duress.
When is filing an annulment prohibited based on age?
When the partner of legal age to marry tries to attack the validity of a marriage to an underage person, or one to the party who was not of legal age has attained such age and continues to freely cohabitate with the other party as a married couple.
What rights to property spouses have when their marriage is terminated by annulment rather than divorce?
The party seeking the annulment still has a right to request an equitable distribution of property and, in some cases, spousal support. The party can also see child support, custody, attorneys fees, and other costs related to the dissolution of the marriage.
What is the putative marriage doctrine?
Allows a party who is unaware of an impediment to the marriage that makes it either void or avoidable two years a states divorce provisions even if the marriage is later found void due to an impediment so long as the party has participated in a ceremonial marriage and believes in good faith at the marriage is valid.
What is the standard applied to no-fault grounds for divorce?
The party must a ledge that the marriage is irretrievably broken and there is no prospect of reconciliation.
On what grounds can a divorce for fault be granted?
Adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, indignity, and mental disorder.
What is adultery?
Voluntary sexual intercourse with someone other than one spouse. It must be showing at the party had the opportunity and inclination to commit adultery.
What is cruelty?
The course of conduct by the other party that is harmful to the plaintiffs physical or mental health and that makes continued cohabitation between the parties unsafe or improper. They conduct of the defendant must be serious and typically cannot be based on one isolated incident.
What is desertion?
Also called abandonment. Results when one spouse with or without consent of the other spouse voluntarily leaves marital home with the intent to remain apart on a permanent basis.
What is habitual drunkenness?
A fault ground for divorce if it is a frequent habit of getting drunk that causes impairment in the marital relationship. More than an occasional level of intoxication is required. Possible defense: assumption of the risk.
What is bigamy?
Occurs when one of the parties in a marriage knowingly enters into a prior legal an existing marriage before entering into the current marriage.
