Terminating Marriage

Question 1

How can you terminate a marriage?

Answer 1

1. Annulment
2. Divorce
3. Death of either spouse

Question 2

What are the two types of annulments?

Answer 2

1. Void (incest, bigamy, mental incapacity)
2. Voidable (age, impotence, intoxication, fraud/duress, lack of intent)

Question 3

What is the putative marriage doctrine?

Answer 3

(innocent spouse) > Equitable remedy to protect a party who believes their marriage is valid. Most jx have adopted.

Question 4

What are the grounds for divorce?

Answer 4

1. No Fault
2. Fault (adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, indignity, institutionalization)

Question 5

What is the residency requirement for divorces?

Answer 5

at least 1 party has to be residency of the state.

Length of residency varies among states.

Question 6

How to determine which court has jx to effectuate the divorce.

Answer 6

The court does not need jurisdiction over both spouses to terminate a marriage. If the plaintiff spouse is domiciled in the forum state or if the state has some other equivalent long-term connection between at least one of the parties to the marriage, then that court has jurisdiction to dissolve the plaintiff’s marriage.