Ending a Marriage

Question 1

How can a marriage end?

Answer 1

(1) Annulment
(2) Death
(3) Divorce

Question 2

What is an annulment and when may it be granted?

Answer 2

A court order that treats the marriage as though it never existed. May only be given when the marriage was invalid because of an impediment at the time of the marriage

Question 3

What is a no-fault divorce?

Answer 3

A divorce in which a spouse petitioning for divorce need not prove the other party was at fault

Question 4

What is required for a court to grant a no-fault divorce?

Answer 4

The marriage must be “irretrievably broken”

Question 5

What are the grounds for a fault-based divorce?

Answer 5

(1) Abandonment
(2) Adultery
(3) Cruelty and indignity
(4) Impotence
(5) Incarceration
(6) Alcohol or drug abuse
(7) Insanity

Question 6

What are the defenses to a fault-based divorce?

Answer 6

(1) Collusion
(2) Connivance
(3) Condonation
(4) Recrimination

Question 7

What is collusion?

Answer 7

Agreement between spouses to deceive the court by falsely claiming that one party was at fault or by agreeing not to use a defense

Question 8

What is connivance?

Answer 8

When one spouse facilitates the wrong of the other or willfully ignores the wrongdoing

Question 9

What is condonation?

Answer 9

When one spouse forgives the guilty spouse by words or action

Question 10

What is recrimination?

Answer 10

Where both spouses are guilty of the same wrong

Question 11

What types of jurisdiction must a court have to issue a divorce decree?

Answer 11

(1) PJ over at least one spouse
(2) SMJ

Question 12

How can a court obtain PJ to issue a divorce decree?

Answer 12

At least one spouse must live within the court’s area of jurisdiction

Question 13

What is an ex parte divorce?

Answer 13

A proceeding in which the court only has PJ over one of the spouses. Court may only issue the decree, and may not decide other matters

Question 14

What is an interlocutory divorce decree?

Answer 14

A divorce decree that becomes final after a set period of time

Question 15

What are the three approaches to property division?

Answer 15

(1) Common law majority (equitable division of marital property)
(2) Common law minority (equitable division of all property)
(3) Community property

Question 16

What is the community property approach?

Answer 16

Courts divide marital property equally between the spouses; separate property is awarded to its owner

Question 17

Are property division orders modifiable after divorce?

Answer 17

No

Question 18

What three categories of property will always be separate property?

Answer 18

(1) Acquired before marriage
(2) Inherited property
(3) Property obtained by gift

Question 19

What is marital property?

Answer 19

Anything acquired during the marriage that is not separate property

Question 20

What is commingling?

Answer 20

When separate property loses its separate status because it is so commingled with marital property that it is impossible to trace what is and isn’t separate

Question 21

What is transmutation?

Answer 21

When a spouse or spouses voluntarily change the character of property

Question 22

What is required for marital property to be transmuted to separate property?

Answer 22

Consent of both spouses

Question 23

What are the factors courts rely on when determining equitable division of property?

Answer 23

(1) Income and property
(2) Duration of marriage
(3) Age and health
(4) Marital home and custody of children
(5) Loss of inheritance, pension, and health insurance
(6) Award of support or maintenance
(7) Contributions to property
(8) Liquidity of marital property
(9) Tax consequences
(10) Waste

Question 24

May a court rely on fault when determining whether to award spousal support?

Answer 24

Yes

Question 25

What circumstances may result in a modification of spousal support?

Answer 25

(1) Remarriage
(2) Death
(3) Change in circumstances

Question 26

When may child support and custody provisions in divorce agreements be enforced?

Answer 26

So long as they do not negatively alter the child’s rights to support

Question 27

When will courts not enforce spousal support provisions in divorce agreements?

Answer 27

When the provision would impoverish one spouse to the degree that the spouse would become reliant on the state