III. Termination of Marriage

Question 1

Ending

Answer 1

By annulment or divorce

Question 2

When is annulment avilable

Answer 2

• defective marriages that are legally void or voidable depending on whether the impediment can be removed
  
  • includes bigamy/polygamy, cosanguity, age, incurable physical impotence at marriage, lack of capacity, mental incompetence, durress, fraud
  • may not be granted if children are born as a result of marriage

Question 3

When is a void marraige null

Answer 3

• From inception
  
  • fail to meet essential requirements, so invalid
  • can be attacked by one of the parties or collaterally by a 3P
  • cannot be ratified

Question 4

Voidable Marriage

Answer 4

• Event or condition affecting adequacy of consent to marriage
• valid until anulled
• attacked by or no behalf of party to marriage and in some cases only by the party who is sought to be protected
• Can be ratified (by cohabitiation after rmeoval of infrimity)

Question 5

Effect of annulment

Answer 5

marriage set aside as if it never existed

alimony may still be awarded

child support nad custody handled as in divorce cases

Question 6

Method of Trail for divorce

Answer 6

can be judge or jury

Question 7

Divorce Jurisdictional Requirement

Answer 7

one of hte parties msut be a bona fide resident of Georiga. 6 month residency requirement before actino can be filed

Question 8

Full Faith and Credit for Divorce

Answer 8

As long as one was domiciled in the state divorce dceidced, recognized as valid in all other states

All other proivisoin given full faith and credit as long as court had PJ over defendant

Question 9

In rem action for divorce

Answer 9

Domestic Relations Long arm statute.

Okay if divorce or action for support of defendants if non resident 1

1. maintains a matrimonial domicile in GA at time of action; OR

2 resided in ga preceding the commencemnt of action

Question 10

Grounds for Divorce: Fault Based

Answer 10

1. Adultery
2. Desertion for for a period of 1 year or longer without justificaiton
3. Cruel Treatment
4. Voluntary Drug Addiction
5. Mental Incapcity
6. Conviction for an offense involving moral turpitude under which a party is sectencned to prison for two years or longer
7. Incest
8. Impotency at time of marriage–incurable and not temporary
9. force menace duress or fraud in obtain marriage
10. pregnancy of wife by a man other than her husband, at the time of marriage that is unkown to husband
11. icurable mental illness

Question 11

Defenses to Fault based Grounds

Answer 11

• collusion–> agreement to simulate grounds for divorce
• connicance: willful consent by one spouse to other’s miscondunct
• Condenation–forgiveness with full knowledge of offense
• Rcrimination–Seeking party also guilty for a ground

Question 12

No Fault Grounds

Answer 12

Marriage is irretrivably broken with no possibility of reconiliation

No longer live together

30 day waiting period–why fualt more attractive

Question 13

Legal Separation

Answer 13

Sepearate maintenance–division of property and alimony may be accomplished

Question 14

Dividing Property

Answer 14

Georgia not community property state

Question 15

On Divorce, how court will dive property

Answer 15

• first determine what is seperate and what is marital
• THan make an equitable division of property
  
  • equitable division DOES NOT MEAN EQUAL

Question 16

Separate Property

Answer 16

Property owned prior to marriage, its appreaciation, and any additional separate prop acquired through gift, bequest, devise or descent

Question 17

Marital Property

Answer 17

everything else. Court have authoirty to order equitable distribution of marital property

Question 18

Mixed Property

Answer 18

proeprty that is both separate and amarital. May beomce marital if inextricably mingled with marital proper or with the separate property of the other spouse.

Question 19

Factors to consider in making an equitable divsiion

Answer 19

1. Who are these people?
   
   1. age education background earning capacity
   2. duration of marriage and if there were any prior marriages
   3. each party’s opportunty to acquire future income and assets
2. What do they have?
   
   1. Each party’s income–includes employability
   2. Standard of living during the marriage, which includes a consideration of expenses
   3. assets and liabilities of each party
3. How did they get it?
   
   1. source of funds to purchase property
   2. Contributions to the marital prop for each party (e.g. one does a lot to invest)
   3. Contributions of a home maker
4. WHere should it go
   
   1. party health
   2. needs of hte party
   3. provisions for the custody of children*
   4. Distribution is in lieu of or in addition to spousal support award
   5. marital fault or other party conduct

Question 20

Pension Rights

Answer 20

on spoue’s pension earned during the marriage is marital property subject to division

Question 21

Professional degrees and licenses

Answer 21

Not marital prop. THeir value in professional practice can be divided or taken into account in giving an award

Question 22

Personal injury actions

Answer 22

• Pain suffering and disfigurement of injured spouse is separate prop of injured spouse
• loss of consoritoum of non injured: seperate of non injured
• Lost wages and medical expenses during marriage: marital property
• Lost wages post marriage: sepearate of injured

Question 23

Modification of divorce agreement

Answer 23

No, but may be reopened for traditional reasons you annul a judgment

Question 24

Spousal Support Generally

Answer 24

• Alimony or maintenace may be awared while parties are still maried, during divorce, or as part of divorce. Either spouse may pay
• Based on need, not right.
• Ensure that an adequate income stream for persons for whom economic deficiency has resulted from in part the mariage

Question 25

Four types of Spousal Support

Answer 25

1. Permanent Periodic Alimony
2. Lump Sum Alimony
3. Rehabilitive Alimony
4. Reimbursement Alimony

Question 26

Permanent Periodic Alimony

Answer 26

• Replicates suport during marriage
• Duration: idefinite and at cout’s discertion.
  
  • ends when either spoudse dies or receipient remarries or live in lover
• Modifation upon a natural hcange in circumstance

Question 27

Lump Sum Alimony

Answer 27

• replicates present value of a long-term support
• Duration: specified time period; can be payable in installments or lump sum. Does not expire on death or remarriage
• No Modification–contract right
  *

Question 28

Rehabilitive Alimony

Answer 28

• equitable remedy to get nonworking spouse in workplace
• Money for school
• for a specified time period unless modified
• authomatically ends at death or remarriage of recepience OR cohabitation with live in lover
• Modified upon a material change in circumstnaces

Question 29

Reimbursement Alimony

Answer 29

• Repayment for contribution to education
• e.g. wife worked while husband went to med school
• Lump sum or in stallments at courts discertion
• Contrac right–no modificaiton

Question 30

Factors to Consider in determining whether to make spousal support award

Answer 30

• duration of marriage
• standard of living during marriage
• financial resources of each person
• age and physicial and emotional conditions
• contributions of each spouse to marriage
• time needed to get education or training necessary for approrpiate emplyoment
• ability to pay while meeting own needs
• conduct including marital fault. Adultrey bars spousal support

Question 31

Modifying support award

Answer 31

only for substantial and material changes in circumstances