Ending a marriage- Judical separation Flashcards

1
Q

What are the 2 types of divorce ?

A

1) Judicial Seperation
2) Absolute Divorce

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2
Q

Judical Separation

A

Extinguishes the rights of each spouse in any property after separation

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3
Q

While separated you

A

cannot get remarried

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4
Q

Judical separation may result

A

in spousal support

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5
Q

What are the 2 grounds for judicial separation ?

A

1) Cruelty
2) Willful desertion

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6
Q

Cruelty

A

Successive acts of ill treatment, mental mistreatment is not grounds. However, repeated mental cruelty may provide a ground for judicial separation- must cause mental suffering

A single act may amount to cruelty if

1) it endangers life
2) it shows intent to commit harm
3) causes apprehension of harm in the future

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7
Q

Willfull desertion

A

1) Breaking off cohabitation; and
2) intent to abandon

no specific time period required. sexual relations do not invalidate this.

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8
Q
A
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9
Q
A
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10
Q
A
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11
Q

Judical separation can be converted into a fault divorce if

A

If you find grounds for absolute divorce

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12
Q

Judical separation can be converted into a no fault divorce if

A

1) lived separate for a year; or

2) If no minor children and a separation agreement = 6 months

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