Marriage Creation and Dissolution Flashcards
Capacity requirements for marriage/ limitations on marriage
(1) at least 16 years old; if under 16 court must determine if it is in the applicant’s best interest; under 18 need consent of parent/guardian
(2) free from mental illness or defect/ cannot be under guardianship as someone of unsound mind; if are court must determine if in best interest
(3) license will not be issued if under influence of drugs/ alcohol
(4) not issued if closesly related
Solemnization
judge, political official, meber of clergy must solemize marriage; OR parties may solemize own religious ceremony if they certify their right to do so in a declaration filed with the Commonwealth
Common Law Marriage
(1) agree they are married
(2) live together
(3) hold themselves out in public as married
(4) not valid if after January 1, 2005
* not valid if either were married to someone else at the time
* clear and convincing ev that they intended, evidenced by words in the present tense
Annulment
voids a marraige and declares it as having never been valid
* can seek equitable distribution of marrital property; as well as alimony, child support, custody, attorney’s fees, and other costs related to dissolution of marriage
Void Marriage
Does not need to be judicially dissolved. Reasons for a void marriage include:
(1) prior existing marriage: if either was already married, latter marriage is void
(2) incest: includes first cousins in PA
(3) mental incapacity: did not understand nature of marriage contract at moment K executed
(4) age: CL marriage entered into while under 18
A prior existing marraige may not void a subsequent marriage if:
If prior marraige is removed, parties will be considered legally married from that point forward if (1) they continue to cohabitate AND (2) one or both entered in the marraige in good faith and full belief (i) that hte former spuse was dead, (ii) that the former marriage had been annulled or terminated by divorce, or (iii) without knowledge of the former marriage
Voidable Marriage
Valid until one spouse seeks annulment–need a judicial decree. Grounds include:
(1) Age: under 16 and did not obtain permission from the court; or 16 or 17 and did not have parental consent. Annulment must be filed within 60 days; turning 18 within the 60 days is not ratification.
(2) Impotence: one party is naturally and incurably impotent, unless other party knew before the marriage
(3) Intoxication: eith party was under influence of drugs or alcohold. Have 60 days
(4) Fraud, duress, coercion, or force: no longer voidable if voluntarily continues to cohabit after learning of the fraud or being released from the fraud
Bilateral no-fault divorce
(1) mutual consent
(2) consent by affidavit
(3) allege marriage irretrievably broken and no prospect of reconciliation
*if one party has been convicted of a personal injury crime against the other, consent is presumed
*court cannot grant until 90 days after the commencement of the action
Unilateral no-fault divorce
(1) parties have lived apart for one year–period begins when one spouce communicates intent to dissolve to the other
(2) marriage is irretrievably broken
(3) confirmed by affidavit
*can live in same household, but ceaase cohabitatin**g
7 Fault Grounds for Divorce
(1) adultery
(2) cruelty, endangering life or health
(3) dessertion, without cause for one year
(4) bigamy
(5) imprisonment, two or more years
(6) indignity (include vulgarity, unmerited reproach, habitual laziness, neglect, intentional incivility, manifest disdain, abusive language, malignant ridicule, habitual humiliating treatment, repeated accusations of infidelity, sexually deviant behavior, serious temper tantrums, or violence)
(7) institutionalization, at least 18 months
* Plaintiff has burden of proving she is the innocent and injured spouse
Adultery
Usually proven by circumstantial evidence, showing party had opportunity and inclination
Cruelty
(1) Physical abuse, and
(2) mental abuse that rises to the level of imparing spouse’s health
Desertion
(1) Voluntarily leaves the home without cause for one year, OR
(2) Spouse forces othe out and there is fear of harm if returns
Bigamy
When one party knowingly entered into a prior marriage that still exists at the time of new marriage
Imprisonment - fault ground
Spouse is convicted and sentenced to 2 or more years incarceration
