separate support and maintenance Flashcards
What is the remedy if there are no grounds for divorce?
Separate support and maintenance can be pursued if there are no grounds for divorce.
What jurisdiction does the family court have if you file for separate support and maintenance?
The family court will still have jurisdiction.
When should you advise your client to leave to initiate separation?
Advise your client to leave when the couple is unhappy but there are no grounds for divorce.
What implications might arise from telling your client to leave?
It might implicate issues like alimony.
What should you consider when advising a client to leave?
You must consider that you are only hearing your client’s side.
Is separation necessary when grounds for divorce are fault-based?
No, separation is not necessary in fault-based divorce cases.
What should you do if there is no proof of fault in a divorce case?
It depends on the circumstances, but staying may imply that you are condoning the fault.
What does ‘separate’ mean?
To set or keep apart or become divided or detached.
What is the purpose of separate maintenance?
To provide support for a spouse living apart from the other spouse.
When does the statute for separate maintenance apply?
When the parties are living separate and apart but a divorce is not sought.
What terminates separate maintenance?
It terminates upon the continuous cohabitation of the supported spouse with another.
What condition must be met for the supported spouse to cohabitate with another?
The supported spouse must have already separated from the payor spouse.
What must a complaint allege for a claim of separate maintenance?
The complaint must allege that the parties are living separate and apart.
What does ‘living separate and apart’ entail?
‘Living separate and apart’ must involve more than the cessation of the parties’ romantic relationship.
What does the authority imply about living ‘separate and apart’?
It implies living apart in such a manner that those in the neighborhood may see that the husband and wife are not living together.
What is required for a complaint to state a cause of action?
A complaint must allege that the parties are living separate and apart without fault on the part of the plaintiff.
