Getting Out of a Marriage Flashcards
Annulment v. Divorce?
Annulment looks backwards in time and is predicated on a ground that predates the marriage.
Divorce is based on problems arising after the marriage.
Grounds for annulment is generally _____.
Capacity
Void v. Voidable Marriage? 2 distinctions.
A void marriage doesn’t really exist; it is a nullity. A voidable marriage does exist, but can be voided.
A void relationship is one in which the grounds are not waiveable by the parties, while grounds that make a marriage voidable can be waived.
Why would you get an annulment if your marriage is already void? (2)
Legal clarity
To adjudicate collateral issues (house, car, money, kids, etc.)
What is true of an annulment proceeding in a void marriage situation?
It is optional
If you have to advise someone with a void marriage, discuss her legal status then recommend . . . . because . . .
She get an annulment
She should seek legal clarity and try to adjudicate collateral issues.
Grounds for a void marriage? (3)
NOTE: Don’t waste your time memorizing this list.
Bigamy (as to the second spouse)
Insanity
Incest
Bigamy is generally grounds for a void marriage. What if the original spouse is missing? How can it be ok?
Ok IF you wait 7 years or if you get a legal declaration.
Senior citizen, first spouse deceased, 2 adult children. SC has dementia and is very rich. Second, younger spouse comes along and its obvious he has money on his mind? Marriage is/isn’t void. Who can challenge it?
Is
SC’s adult children
Grounds for voidable marriage? (5)
Too young (17 or younger without consent)
Inebriation at time of ceremony
Duress
Fraud
Incurable impotence
How do you waive a ground of voidable marriage?
Waiver = continued cohabitation after the impairment is removed.
Cohabitation means . . .
Living together with a sexual relationship
When is inebriation as a grounds for an annulment?
60 days from marriage without seeking annulment
Classic example of duress in marriage context?
Forced marriage because of marriage child (shotgun wedding)
Fraud exists when, prior to the marriage, one party . . .
Made a misrep. or concealed information that “goes to an essential aspect of the marriage.”
For fraud to provide grounds for a marriage, the lie or concealment must . . . .
go “to an essential aspect of the marriage”
Is impotence grounds for an annulment? Explain
Yes, if not shared AND if there is an expectation
If a women is pregnant with a baby of someone other than her fiancé, grounds for an annulment?
Yes
A lie about your sexual history COULD be grounds for an annulment if it is . . .
MAJOR
Is a lie about your sexual proclivities grounds for an annulment?
Yes
Are the following grounds for an annulment?
Lying about Religion
Lying about Sex
Lying about Procreation
Lying about money, property, social status
Lying about Religion (ok)
Lying about Sex (ok)
Lying about Procreation (ok)
Lying about money, property, social status (NOT ok)
A temporary inability to perform sexually is/isn’t grounds for an annulment.
Is not
In PA, parties to an annulment can ask for and receive the same economic remedies as in a divorce proceeding. T or F?
T
In order for a PA court to have SMJ over a divorce, all we need is ______ and _______.
One spouse domiciled and 6 months residence.
In order to get economic remedies in a divorce, a court needs . . .
Personal Jurisdiction
Fault grounds for divorce
Desertion
Adultery
Cruel and Barbarous Treatment (domestic abuse)
Bigamy
Imprisonment
Indignities
Insanity or serious mental disorder
Desertion is a . . .
Willful and malicious absence from the home w/o reasonable cause for a period of at least 1 year.
The period of desertion must/need not be continuous.
Must be.
Cruel and Barbarous Treatment is defined as . . .
intentional and unprovoked violence that endangers the other spouse.
For imprisonment to provide grounds for divorce, how long must you be locked up?
2 years.
Indignities are a continuous course of conduct that . . .
Renders plaintiff’s life burdensome and her conditions intolerable.
Refusing to have sex for the rest of the marriage are grounds for a divorce on what ground?
Indignities
For insanity to qualify as a grounds divorce, what two things must be true?
Hospitalized for at least 18 months
No likely cure for at least another 18 months.
8 affirmative defenses to fault divorces?
Condonation
Connivance
Collusion
Recrimination
Provocation
Consent
Insanity
Justification
The defense of condonation requires (3):
Knowledge of misconduct;
Forgiveness; AND
Resumption of Marital Relations
The defense of connivance is ___ ______ to the spouse’s adultery.
Corrupt consent (i.e., lured D into the misconduct)
In order for condonation to be an effective defense, the defending party must evince an intention . . .
To abstain from the culpable behavior moving forward.
The defense of collusion is an . . .
Unlawful agreement to fabricate grounds for divorce
The defense of recrimination is a showing that _____ ______ exists.
It is reminiscent of what equitable defense?
Equal fault.
Unclean hands
Misconduct is not grounds for divorce is the spouse has done what?
Provoked the misconduct.
Consent is a defense to _____ or _____.
Desertion or Adultery.
Can insanity serve as a defense to divorce?
Yes
No Fault divorce still requires a ______.
Ground
A no-fault divorce will be granted if there is ______ ______.
Mutual consent.
*The ground for a no fault divorce is an _____ ______ of the marriage.
“Irretrievable breakdown”
How do you prove that your marriage is irretrievably broken”?
One party files a divorce complaint and, within 90 days, both parties acknowledge by affidavit that the marriage is irretrievably broken.
If only one party says that the marriage is “irretrievably broken” (i.e., unilateral no fault divorce), what must happen in order to get a no-fault divorce?
Live separate and apart for at least two (continuous years).
Living “separate and apart” in the context of a unilateral no fault means . . .
No sex!
