Getting Married and Divorced

Question 1

Common-Law Marriage

(elements)

Answer 1

1. Capacity: mental and legal
2. Present agreement: both parties must intend to be presently married
3. Cohabitation
4. Holding out a marital relationship

Question 2

Conflict of laws

Answer 2

A marriage valid in one state will be valid in another state unless it violates a strong public policy.

Question 3

Putative Marriage

Answer 3

• Arises when an innocent party participated in a ceremonial marriage and believes in good faith that the marriage is valid, but later discovers an impediment.
• Allows the party to seek legal remedies like spousal support and property distribution.

Question 4

No-fault divorce

Answer 4

The typical standard is irreconcilable differences.

Question 5

Mediator code of conduct

Answer 5

• Be impartial and disclose any conflicts of interest they might have;
• Clearly explain the process and make sure the parties have all the information required;
• Control the mediation proceedings; and
• Not coerce or improperly influence a party to make a decision.

Question 6

Community property

Answer 6

Generally requires an equal division of the marital property.

Question 7

Equitable distribution

Answer 7

Requres an equitable, or fair distribution of all marital property.

Question 8

Separate property

Answer 8

• Assets acquired during marriage by gift, devise, or descent; and
• Anything acquired before marriage

Question 9

Marital property

Answer 9

• All property or assets acquired during marriage by any means other than gift, devise, or descent.
• Marital property accrues while parties are separated.
• SP can be transformed into MP if marital funds are used to increase its value.

Question 10

Future retirement/pension benfits

Answer 10

If a spouse works during the marriage and creates or earns profits or benefits that will be paid out after the divorce, the profits will be considered MP.

Question 11

Professional licenses/degrees

Answer 11

• Most courts do not treat degrees as MP.
• But the non-degree spouse could seek reimbursement for contribution to educational and living expenses.

Question 12

Personal injury claim proceeds

Answer 12

If the cause of action accrues during marriage:
* Approach 1: All proceeds are treated as MP
* Approach 2: Damages are divided by type:
(i) Compensatory are SP of the injured spouse
(ii) Consortium are SP on the non-injured spouse
(iii) Lost wages, earning capacity, medical expenses are MP

Question 13

Modification of a property division award

Answer 13

Not modifiable after the fact because it is based on the parties’ assets at the time of divorce.