Ending a marriage- Judical separation Flashcards
What are the 2 types of divorce ?
1) Judicial Seperation
2) Absolute Divorce
Judical Separation
Extinguishes the rights of each spouse in any property after separation
While separated you
cannot get remarried
Judical separation may result
in spousal support
What are the 2 grounds for judicial separation ?
1) Cruelty
2) Willful desertion
Cruelty
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
Willfull desertion
1) Breaking off cohabitation; and
2) intent to abandon
no specific time period required. sexual relations do not invalidate this.
Judical separation can be converted into a fault divorce if
If you find grounds for absolute divorce
Judical separation can be converted into a no fault divorce if
1) lived separate for a year; or
2) If no minor children and a separation agreement = 6 months