Separation / Divorce

Question 1

What are the agreements called for a couple planning on divorce and what happens to that agreement upon divorce?

Answer 1

Separation agreements are made between spouses planning for divorce. They are generally merged into the final judgment for divorce, as long as they are based on full and fair disclosure.

Question 2

What type of JX must a court hearing a family-related dispute have?

Answer 2

A court hearing a family-related dispute must generally have both subject-matter jurisdiction and personal jurisdiction.

Most states have residency requirements to establish subject-matter jurisdiction.

Question 3

Fault grounds for divorce include:

Answer 3

ACID BID HID

A - adultery

C- cruelty

I - imprisonment

D- desertion

______________________

B - bigamy

I - indignity

D - mental disorder.

_______________________

H- habitual drunkenness

I - indignity

D - Habitual drunkenness

Question 4

Under fault grounds for divorce, to prevail under cruelty:

Answer 4

To prevail on the grounds of cruelty, most jurisdictions require that the plaintiff demonstrate a course of conduct by the other party that is harmful to the plaintiff’s physical or mental health and that makes the continued cohabitation between the parties unsafe or improper.

The conduct of the defendant must be serious and typically cannot be based on one isolated incident.

The majority of jurisdictions permit divorces on the basis of cruelty in cases of physical abuse, while only some permit it in cases of only emotional abuse or mental cruelty.