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
