ending marriage

Question 1

2 ways to end a marriage

Answer 1

1) annulment: BEFORE marriage (as never married)

2) divorce: AFTER marriage

Question 2

generally what is annulment

Answer 2

based on pre-existing problem that 1 or both parties did not know
- Void or Voidable

Question 3

the 2 grounds for annulment

Answer 3

1) VOID: cannot waive

2) VOIDABLE

Question 4

reasons for void annulment

Answer 4

1) bigamoy: already married

2) insecst: cannot marry ancestors, descendants, ants, uncles, nieces, nephews

Question 5

can you marry first cousins

Answer 5

yes lol

Question 6

what does it mean for an annulment to be voidable

Answer 6

treated as married, unless and UNTIL go to judge to get annulment

Question 7

when is a voidable annulment waived?

Answer 7

when the couple continues to co-habit after imbedent is removed

Question 8

what is co-habit

Answer 8

where couple lives together and sexual relations

Question 9

voidable stuff for annulment

Answer 9

1) nonage: must be 18 years old, or 16 and consent
2) mental incapacity (3) types
3) incurable physical impotence: cannot perform in bed
4) duress
(5) fraud

Question 10

3 types of voidable mental incapacity

Answer 10

1) temporary: intoxication
2) mental disease
3) developmental intellect

Question 11

when is fraud in a voidable annulment

Answer 11

1 party misrepresents or conceals from the other that goes TO THE HEART of the marriage

Question 12

3 things that “go to the heart” of the marriage

Answer 12

1) religion
2) procation and sex:
3) lying about $ IS NOT grounds for annulment

Question 13

2 types of ways to get a divorce

Answer 13

1) non-fault divorce

2) fault divorce

Question 14

does IL recgonize fault divorce

Answer 14

NO

Question 15

what is the only type that IL recgonizes for divorce

Answer 15

non-fault

Question 16

what is the test for no fault divorce

Answer 16

1) irreconcilably broken leading to
3) irreversible broken and effects at reconciliation have failed
- spouse live separately and stop sleeiping with each other

Question 17

if 2 people in IL want to get a divorce what is the time frame for no fault divorce

Answer 17

6 months not co-habiting

Question 18

what if only 1 person wants to get divorce in IL what is the time frame

Answer 18

2 years and not co-habiting

Question 19

fault based grounds for divorce

Answer 19

1) adultry
2) desertion
3/4) physical cruelty/ mental cruelty
5) voluntary drunkenness, substance abuse
6) get std
7) conviction of felony: incarcerated

Question 20

what is desertion for fault based divorce

Answer 20

unjustified departure from home for at least 1 year with no intent to return
- if return than leaves again, not enough, must be a full year

Question 21

for physical cruelty for fault based divorce, is one time enough

Answer 21

yes

Question 22

for mental cruelty is one time enough for fault based divorce

Answer 22

NO. must be repetitive misconduct

Question 23

affirmative defenses for fault based divorce (3)

Answer 23

1) condomation: waiver and innocent spouse has
(a) knowledge and (b) waived, manifestation of forgiveness, (c) co-habit

2) convince: entrapment, spouse lured into misconduct
3) re-incrimination: “dirty hands” of setting claims of divorce

Question 24

what to advise a client if he does not want to get divorce but wants something

Answer 24

get a legal separation, by adjudication

Question 25

when will a court have SMJ over a divorce

Answer 25

if 1 spouse is domiciled in that state

- even if other spouse has never been to state

Question 26

what is the mandatory minimum residence for domicile for divorce

Answer 26

90 days

Question 27

when does court need PJ for divorce

Answer 27

If property, child custody, etc. Court has to have personal jurisdiction over the other spouse

Question 28

what is it called and when will state recognize a divorce in a foreign state

Answer 28

comity: courts have discretion to recognize or not, if more familiar to our system than will recognize

Question 29

what is needed for jurisdiction of divorce with awarding property awards

Answer 29

need PJ of BOTH parties.

Question 30

for no fault divorces can 1 spouse stop divorce by saying it can be saved

Answer 30

NO. The fact that 1 spouse thinks the marriage should be saved and does not agree that it has broken down is generally insufficient to prevent a divorce judgment if the other spouse believes the marriage cannot be saved and is not interested in counting the marriage.

Question 31

x/c where state can award martial property of spouse with no PJ

Answer 31

1) if martial property is located in state

2) if state has minimum sufficient contacts with the D

Question 32

how will court distribute property that was solely 1 spouses before marriage but PAID for after marriage with marital funds?

Answer 32

most courts will apportion the property b/w the separate martial interests in proportion to the contribution of separate and martial funds used to pay for the property.