Rules - Divorce and Dissolution of Marriage Flashcards
Old Rule for Divorce:
1) Must be a resident;
2) 90 Days;
3) Prove that without provocation or fault of the plaintiff: Impotency; married to another; adultery (voluntary intercourse with another); desertion for more than a year (voluntary separation with intent not to resume cohabitation without the consent of the other spouse and without justification); habitual drunkenness for 2 years; excessive use of addictive drug for 2 years; attempted life of the other by poison or other malicious means; extreme and repeated physical or mental cruelty; convicted of felony or other infamous crime; infecting the spouse with sexually transmitted disease.
Modern Illinois Rule:
(1) Irreconcilable Differences caused the irretrievable breakdown of the marriage; and
(a) efforts at reconciliation have failed; or
(b) that future attempts at reconciliation would be impracticable and not in the best interest of the family.
(2) Parties live separate and apart for a continuous period of not less than 6 months preceding the judgement.
What does it mean to live separate and apart?
An intent to end the marriage leading to a physical separation and intent to end the marriage.
Does not require them not to see each other. They just cannot have meaningful communication or have sexual relations.
Do both parties have to see the marriage as irretrievably broken to end the marriage?
No. Only one party has to believe that the marriage is irretrievable to end the marriage.
Does fault for marriage ending play a role in determination of property/support/maintenance?
No.
What is required for a simplified divorce in Illinois?
1) Residency;
2) Neither party depends on the other;
3) Irreconcilable differences;
4) No children born or adopted and not pregnant;
5) Duration of marriage is less than 8 years;
6) No interest in real property;
7) Waiver of maintenance;
8) Total value of marital property is less than $50,000 and neither party has income greater than $30,000.
9) Written agreement to divide income.
What does it mean to have a covenant marriage?
Party may elect, up front, to be entitled to a divorce only on fault grounds, or only if they live separate and apart for a pre-defined period of time.
What are the following defenses to divorce? Collusion Connivance Condonation Recreimination
Collusion - An agreement that hey will collude with each other to establish a cause of action;
Connivance - Plaintiff consents to defendant committing the marital offense;
Condonation - Resumption or continuances of marital cohabitation so as to imply forgiveness by the plaintiff spouse; innocence spouse must be aware of the marital fault;
Recrimination - Plaintiff is shown to have engaged in conduct constituting a marital offense; when both have engaged in marital misconduct then no grounds for divorce.
