ending marriage Flashcards
what is annulment
voids the marriage, declaring it to have never been valid
what are the three instances that create a void marriage?
bigamy
incest
nonage
what is a defense to bigamy?
good faith belief last spouse was dead/gone 7 years
when does VA not consider it to be incest?
first cousins
what is the result of a void marriage?
no equitable distribution
no spousal support
what is a voidable marriage?
valid until judicial decree dissolves it
examples of voidable marriage
fraud, duress, incapacity, intoxication, felony conviction, concealed parent, prostitute
defenses to voidable marriages?
cohabitation after you find out
what is judicial separation?
divorce from bed and board
consequences of judicial separation?
cant remarry
no property division
may get spousal support
grounds for judicial separation?
cruelty and reasonably apprehension of bodily injury
abandonment/willful deserter
how would judicial separation convert into absolute divorce?
discovering the grounds for absolute divorce
lapse of time of 1 year
what is absolute divorce
complete legal dissolution of marriage granted by court
what are the two types of absolute divorce
fault
no fault
fault based divorce examples
adultery
felony conviction
cruelty
willfull deserter
no fault divorce
living separate and apart for 1 year
if separation agreement + no kids, separate and apart 6 months
what if the couple has sex during the 1 year period?
does not restart w/o intent to cohabitate
what does court have if theres multiple grounds for divorce exist?
court discretion
what if grounds for fault divorce, but while the suit is pending, grounds for a no fault divorce is satisfied?
either party may petition court for no fault divorce
even w/o seeking leave to amend
what are the steps to equitable distribution
determine ownership of property
marital or separate
statutory factors to divide
after divide of property, potentially award monetary award
equitable distribution
fair distribution of martial property
NOT equal
what is marital property
property acquired during marriage NOT a gift/bequest
property titled in both names
what is separate property?
everything acquired before marriage
gift or inheritance
passive income + increase in value of separate property
defenses to divorce
provocation
both spouses committed the wrong
consent or encouragement
forgiving after full knowledge
what about retirement benefits earned during marriage?
marital
works comp or PI awards towards lost wages or medical expenses?
marital
stock options acquired during marriage?
marital
good will of the company?
marital
social security benefits?
separate
licenses and degrees?
separate
what is marital debt? how is it distributed?
debt incurred in joint names of parties AND
in either party name after marriage before separation
subject to equitable distribution
can a party show the debt was for a non-marital purpose?
yes
preponderance of EV
separate debt
incurred before marriage and after separation
no martial purpose
what happens if court does not consider all statutory factors when distributing?
award is invalid
any tax consequences?
very little impact
transferred basis
when is value of marital property determined?
date of evidentiary hearing
can you use a different evidentiary date?
yes with good cause
what if separate property increases due to personal efforts and labor?
increase in value is marital property
what about jointly shared martial property?
court may order transfer to one party, permit a buyout, assume a mtg, or order sale
