MARRIAGE/ DIVORCE/ ADULTERY Flashcards

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1
Q

condonation

A

forgiveness of marital duty breach through cohabitation or reconciliation

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2
Q

recrimination

A

both parties at fault so it cancels out

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3
Q

consummation

A

living together in an intimate relationship

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4
Q

annulment

A

invalid marriage because of some defect

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5
Q

common law requirements

A

agreement through implicit behavior and intent

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6
Q

formal marriage requirements

A

license, 24 hour waiting, 16, no impediments

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7
Q

defenses to divorce

A

Provocation, collusion, incrimination, condonation, insanity, reconciliation

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8
Q

types of divorce

A

adultery, desertion, physical cruelty, habitual drunkenness, and no fault

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9
Q

physical cruelty

A

serious personal violence rendering cohabitation unsafe

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10
Q

desertion

A

stop cohabitating for one year with no intent to resume or consent

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11
Q

separate support and maintenance

A

need 2 separate domiciles and to be apart for 1 year

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12
Q

adultery

A

marital misconduct

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13
Q

what do you need to prove adultery

A

inclination and opportunity

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14
Q

what kind of evidence do you need for adultery

A

direct and circumstantial

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15
Q

what cancels out adultery

A

condonation

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16
Q

reasons for annulment

A

duress, fraud, related, lack of cohabitation

17
Q

how long is desertion

A

1 year

18
Q

what cancels out physical cruelty?

A

provocation

19
Q

habitual drunkenness

A

fixed habit that contributed to breakdown of marriage