MARRIAGE/ DIVORCE/ ADULTERY Flashcards
condonation
forgiveness of marital duty breach through cohabitation or reconciliation
recrimination
both parties at fault so it cancels out
consummation
living together in an intimate relationship
annulment
invalid marriage because of some defect
common law requirements
agreement through implicit behavior and intent
formal marriage requirements
license, 24 hour waiting, 16, no impediments
defenses to divorce
Provocation, collusion, incrimination, condonation, insanity, reconciliation
types of divorce
adultery, desertion, physical cruelty, habitual drunkenness, and no fault
physical cruelty
serious personal violence rendering cohabitation unsafe
desertion
stop cohabitating for one year with no intent to resume or consent
separate support and maintenance
need 2 separate domiciles and to be apart for 1 year
adultery
marital misconduct
what do you need to prove adultery
inclination and opportunity
what kind of evidence do you need for adultery
direct and circumstantial
what cancels out adultery
condonation