Fault Divorce

Question 1

Fault Divorce

Answer 1

• reason for divorce is required
• strict and specific proof needed
• Available only to** INNOCENT** spouse (usually favored in alimony)

Question 2

Fault grounds categories

Answer 2

• adultery
• abandonment/desertion
• abuse
• imprisonment/habitual drug&alc. abuse
• misc.

Question 3

Defenses:

Answer 3

• provocation
• collusion (both parties at fault)
• condonation/reconcilliatoin
• recrimination
• connivance (corrupted consent to action)

Question 4

adultery

Answer 4

• clear and convincing evidence

Question 5

abandonment

Answer 5

• social not enough,
• constructive abandonment doctrine (no sexual intercourse)

Question 6

Constructive Abandonment Doctrine

Answer 6

defendant spouse unjustifiably and continually refused to engage in sexual relations with the plaintiff spouse