Ending A Martiage

Question 1

Define Annulment

Answer 1

An annulment voids a marriage, and declares it as having never been valid

Question 2

Define a void marriage

Answer 2

Avoid marriage is treated as if it never happened. It also does not need to be judicially dissolved. And not legally recognized for any purpose.

Question 3

What are ways that a marriage may be void?

Answer 3

Prior existing marriage
Incest
Mental incapacity

Question 4

If there was a prior existing marriage, what then occurs

Answer 4

The latter marriage is void

some states allow the marriage to become valid if one party had a good faith, belief that the marriage was valid, and the impediment is removed

Reputable presumption of validity of the marriage

Question 5

What are the grounds for a voidable marriage?

Answer 5

Age, impotence, intoxication, fraud, duress, or lack of intent

Question 6

True or false: children of an annulled marriage are considered marital children

Answer 6

True

Question 7

What is a defense to a void marriage?

Answer 7

The only defense is to deny the existence of the impediment that makes the marriage void
Removing the impediment makes the marriage voidable

Question 8

What are the defenses to a voidable marriage?

Answer 8

Equitable defenses of unclean, hands, laches, and estoppel are recognized

Question 9

True or false at least one party must be a resident of the state they are seeking a divorce in

Answer 9

True

Question 10

What are the grounds for divorce?

Answer 10

No fault or fault

Question 11

What are the requirements for a no-fault divorce?

Answer 11

1) marriage is irretrievably broken, and there is no prospective reconciliation
2) reconcilable differences must exist for specific period of time prior to the filing of the divorce action

Question 12

What are the grounds for a fault based divorce?

Answer 12

Adultery: must be shown that the spouse had the opportunity and the inclination to commit adultery

cruelty: must demonstrate a course of conduct by the other party that is harmful either physically or mentally, and that makes continue to cohabitation between the parties, unsafe or improper

desertion: results, when one spouse voluntarily leaves the marital home with the intent to remain apart on a permanent basis - does not apply if the parties consent

habitual drunkenness: frequent intoxication that impairs the marital relationship

bigamy: when a party knowingly entered into a legal marriage prior to the existing one

imprisonment:

institutionalization for insanity: with no reasonable, prospective, discharge or rehabilitation

Question 13

What are defenses default based divorce?

Answer 13

Recrimination, unclean hands, connivance, consolation, collusion, provocation, insanity, consent, justification, religion

Question 14

Define community property states

Answer 14

Community property states require equal division of marital property

Question 15

Define equitable distribution

Answer 15

The objective of an equitable distribution system is a fair distribution of marital property not necessarily an equal one. Generally, it’s considered equitable division.

Question 16

What is the general definition of marital property?

Answer 16

All property acquired during the marriage

Question 17

Define non-marital property

Answer 17

Property acquired before the marriage

property excluded by the parties valid agreement

property acquired by gift or inheritance except for gifts between spouses

any award or settlement payment received for a cause of action or claim that accrued before the marriage, regardless of when the payment was received

Question 18

What factors does the court consider for distribution of marital property?

Answer 18

-Length of marriage
-Prior marriages
-Age & health
-Earnings and earnings
-Liabilities and debts
-Needs both spouses
-Contributions to education
-Income
-Medical needs
-Retirement to both spouses
-Homemaking and child rearing services
-Value of separate property
-Reduction in valuation in marital property by one spouse
-standard of living
-Economic circumstances of each spouse at the time of divorce
-Custody of any minor children

Question 19

True or false: professional licenses, and degree are marital property

Answer 19

False, not a property interest, but can affect alimony

Question 20

True or false retirement or pension benefits are marital property

Answer 20

Marital property is acquired during the marriage

Question 21

True or false : Personal injury claim proceeds, or Work compensation awards marital property

Answer 21

Some states allow that if the cause of action occurred during the marriage, the proceeds are awards are marital property

Other states allocate the proceeds or award between marital property and separate property as follows
- Damages for pain, suffering or disability are separate property of the injured spouse
-consortium losses are separate property of the non-injured spouse
-Awards for lost wages loss of earning capacity and medical expenses are typically split between marital and separate property based on the portion of the award attributable from the time of the accident to the end of the marriage (martial) and the portion attributable to lost wages or medical expenses after the termination of the marriage (separate property)

Question 22

True or false sick and vacation days may be marital property

Answer 22

True states are still split on classification and require timing considerations

Question 23

True or false you are permitted to modify a property division after entered by the court

Answer 23

False you are not permitted to modify a property division