Family Law

Question 1

Annulment

Answer 1

Void (no judicial action):

• prior existing marriage
• incest
• mental incapacity

Voidable (judicial action):

• age
• intoxication
• fraud/misrepresentation
• duress, coercion, or force

Question 2

Defenses to Annulment

Answer 2

Void (no judicial action):
- limited to denying the fact that causes marriage to be void.

Voidable (judicial action):

• equitable defenses based on conduct
  i. e. unclean hands, laches, estoppel

Question 3

Divorce

Answer 3

No Fault:
- marriage is irretrievably broken and no reconciliation

Fault:

• adultery (no alimony)
• desertion (no alimony)
• conviction of moral turpitude offense
• habitual intoxication/drug addiction
• cruel treatment
• incurable mental illness
• other grounds
  i. e. fraud/duress, concealed pregnancy, impotency

Question 4

Defenses to Fault Based Divorce

Answer 4

Collusion
- both spouses lie or conspire for grounds of divorce

Consent
- applies to adultery, cruelty, desertion & intoxication

Like Conduct
- both engage in wrong acts

Condonation
- forgiveness after knowledge of wrong acts followed by cohabitation

Question 5

Validity of Marital Agreements

Answer 5

Issue of fairness is evaluated at the time the agreement is executed and enforced.