Ending the Marriage Flashcards
What are the four ways to end a marriage?
1) Dissolution
2) Annulment
3) Death
4) Legal separation
What is an annulment?
Voiding a void or voidable marriage
Who can void a void marriage?
Anyone
What are grounds for a void marriage?
1) Bigamy
2) Incest
3) Mental incapacity
Who can void a voidable marriage?
Only one of the parties to the marriage can challenge it, a judicial decree is required
What are grounds for a voidable marriage?
1) Age
2) Impotence
3) Intoxication
4) Fraud to the essentials of marriage
5) Misrepresentation, duress, force
6) Lack of intent to be married
What happens upon a marriage being annulled?
There is an equitable distribution of property.
Can a spouse get alimony after an annulment?
Yes in some cases
What is a divorce?
Seeking a court order, a decree and an operating agreement
What is the status of divorcees?
Their status is restored to unmarried
What issues are addressed upon divorce/dissolution?
Property rights, spousal support, child custody, child support, sometimes attorneys fees
What is the minority position on divorce?
The No-Fault divorce. No misconduct is alleged, but the marriage is irretrievably broken due to irreconcilable differences
What is the majority position on divorce?
Fault-based divorce. Whereby the parties allege fault and the “innocent spouse” is entitled to more support.
Can you pursue both a no-fault and fault based divorce?
Yes
What are grounds for a fault based divorce?
1) Adultery
2) Extreme and repeated physical or mental cruelty
3) Abandonment: conduct and intent
4) Constructive desertion
5) Habitual drunkenness
6) Bigamy
7) Institutionalization
8) Indignity
9) STD
10) Attempted murder
What are the defenses to a fault based divorce?
1) Recrimination and unclean hands
2) Connivance (consent to the marital wrong)
3) Condonation (Forgiveness)
4) Collusion
5) Provocation
6) Insanity
7) Consent
8) Justification
9) Religion—always fails
What is legal separation?
Divorce from bed and board-living apart but agreement as to support, child custody, etc.
Can a legally separated couple remarry?
No
Can a divorced couple remarry?
Yes.
