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domestic relations nate > ending marriage > Flashcards

ending marriage Flashcards

1
Q

what is annulment

A

voids the marriage, declaring it to have never been valid

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2
Q

what are the three instances that create a void marriage?

A

bigamy

incest

nonage

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3
Q

what is a defense to bigamy?

A

good faith belief last spouse was dead/gone 7 years

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4
Q

when does VA not consider it to be incest?

A

first cousins

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5
Q

what is the result of a void marriage?

A

no equitable distribution

no spousal support

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6
Q

what is a voidable marriage?

A

valid until judicial decree dissolves it

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7
Q

examples of voidable marriage

A

fraud, duress, incapacity, intoxication, felony conviction, concealed parent, prostitute

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8
Q

defenses to voidable marriages?

A

cohabitation after you find out

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9
Q

what is judicial separation?

A

divorce from bed and board

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10
Q

consequences of judicial separation?

A

cant remarry

no property division

may get spousal support

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11
Q

grounds for judicial separation?

A

cruelty and reasonably apprehension of bodily injury

abandonment/willful deserter

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12
Q

how would judicial separation convert into absolute divorce?

A

discovering the grounds for absolute divorce

lapse of time of 1 year

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13
Q

what is absolute divorce

A

complete legal dissolution of marriage granted by court

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14
Q

what are the two types of absolute divorce

A

fault

no fault

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15
Q

fault based divorce examples

A

adultery

felony conviction

cruelty

willfull deserter

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16
Q

no fault divorce

A

living separate and apart for 1 year

if separation agreement + no kids, separate and apart 6 months

17
Q

what if the couple has sex during the 1 year period?

A

does not restart w/o intent to cohabitate

18
Q

what does court have if theres multiple grounds for divorce exist?

A

court discretion

19
Q

what if grounds for fault divorce, but while the suit is pending, grounds for a no fault divorce is satisfied?

A

either party may petition court for no fault divorce

even w/o seeking leave to amend

20
Q

what are the steps to equitable distribution

A

determine ownership of property

marital or separate

statutory factors to divide

after divide of property, potentially award monetary award

21
Q

equitable distribution

A

fair distribution of martial property

NOT equal

22
Q

what is marital property

A

property acquired during marriage NOT a gift/bequest

property titled in both names

23
Q

what is separate property?

A

everything acquired before marriage

gift or inheritance

passive income + increase in value of separate property

24
Q

defenses to divorce

A

provocation

both spouses committed the wrong

consent or encouragement

forgiving after full knowledge

25
Q

what about retirement benefits earned during marriage?

A

marital

26
Q

works comp or PI awards towards lost wages or medical expenses?

A

marital

27
Q

stock options acquired during marriage?

A

marital

28
Q

good will of the company?

A

marital

29
Q

social security benefits?

A

separate

30
Q

licenses and degrees?

A

separate

31
Q

what is marital debt? how is it distributed?

A

debt incurred in joint names of parties AND

in either party name after marriage before separation

subject to equitable distribution

32
Q

can a party show the debt was for a non-marital purpose?

A

yes

preponderance of EV

33
Q

separate debt

A

incurred before marriage and after separation

no martial purpose

34
Q

what happens if court does not consider all statutory factors when distributing?

A

award is invalid

35
Q

any tax consequences?

A

very little impact

transferred basis

36
Q

when is value of marital property determined?

A

date of evidentiary hearing

37
Q

can you use a different evidentiary date?

A

yes with good cause

38
Q

what if separate property increases due to personal efforts and labor?

A

increase in value is marital property

39
Q

what about jointly shared martial property?

A

court may order transfer to one party, permit a buyout, assume a mtg, or order sale

domestic relations nate (7 decks)

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