Termination of Marriage

Question 1

Annulment

Answer 1

Is a declaration that a marriage is invalid because there was an impediment at the time of marriage. The parties are treated as if they never married.

Question 2

Void Marriage

Answer 2

A void marriage is a complete nullity. Annulment action can be brought by any interested party and subject to collateral attack (even after the death of one of the spouses).
However, if the legal impediment is removed and the two continue to cohabitate then a valid marriage results.

Question 3

Voidable Marriage

Answer 3

Marriage is valid but voidable if one of the spouses may bring an action to declare invalid because an impediment existed at the time. If the spouses ratify by continuing the relationship after the impediment is removed then the marriage cannot be invalidated.

Question 4

Grounds

Answer 4

Void Voidable
(1) Bigamy (1) Nonage
(2) Consanguinity (2) Incurable Physical
impotence.
(3) Lack of capacity

Question 5

Defenses

Answer 5

Void
Impediment does not exist
Voidable
Ratification

Question 6

Divorce

Answer 6

A decree of absolute divorce terminates the marriage relationship.

Question 7

“No-fault” Divorce

Answer 7

Showing (1) Marriage is irretrievably broken (irreconcilable differences or incompatibility) and/or (2) the parties are living apart for a specified time.

The only defense is to deny one of the above.

Question 8

Fault Grounds

Answer 8

(1) adultery; (2) willful desertion for a specified time; (3) extreme physical or mental cruelty; (4) voluntary drug addiction; (5) and spouse’s mental illness.

Question 9

Defenses to fault grounds

Answer 9

(1) Collusion (agreement to simulate grounds for divorce.) (2) Connivance (willing consent of one spouse to the other spouse’s misconduct) (3) Condonation (forgiveness of the marital offense with full knowledge of their commission and resumption of the marital relationship after the forgiveness.) (4) Recrimination ((Party seeking divorce guilty of marital fault).

Question 10

Legal Separation

Answer 10

Parties can have all their rights adjudicated (spousal support, child custody, and support, property separation)

Question 11

Jurisdiction

Answer 11

Residency Requirements - ONE of the parties must be domiciled in the jurisdiction where the action is brought.
To adjudicate OUT-OF-STATE property rights the court must have personal jurisdiction over the defendant.

Question 12

Full Faith and Credit

Answer 12

As long as one of the parties was domiciled in the state that granted the divorce, the decree is recognized as valid in the other states. Property … only if the court had jurisdiction over the defendant.

Question 13

Property division decrees

Answer 13

are not modifiable.

Question 14

Equitable division

Answer 14

Factors (1) age, education, and background, and earning capacities of both spouses; (2) duration of the marriage, and whether there were any prior marriages; (3) standard of living during the marriage, etc…

Question 15

Separate Property

Answer 15

A spouse can take the separate property that she owned prior to the marriage as well as any property acquired by gift, bequest, or descent during the marriage.

Question 16

Marital Property

Answer 16

all other property acquired during the marriage.

Question 17

Mixed Property

Answer 17

Separate property can become marital property if (1) the separate property is inextricably mingled with marital property or the separate property of the other spouse where it can no longer be traced. (2) property is treated as marital because evidence of intention to treat the property as marital. or (3) improvements with marital funds or efforts of the spouse portion are marital.

Question 18

Spousal Support

Answer 18

The most important factors are the need and ability of the payor spouse to meet his needs while paying the support.

Question 19

Types of Alimony

Answer 19

(1) Permanent - to support spouse that has neither the resources nor the ABILITY to be self-sustaining.
(2) Rehabilitative - to enable the spouse to gain the skills to become self-supporting. MODIFIABLE FOR SUBSTANTIAL CHANGE IN CIRCUMSTANCES.

(3) Lump sum - nonmodifiable.
(4) Reimbursement spousal support - nonmodifiable given to spouse that helped other spouses obtain a professional degree.

Question 20

Termination of Spousal Support

Answer 20

(1) Death or (2) Remarriage of the recipient spouse.

Question 21

Child Support

Answer 21

Both parents share a duty to support their children equally. (Formula: needs of children, ages, number of children, and parents’ income).

Question 22

Modification of Spousal Support

Answer 22

A substantial change in circumstances to the ability of the payor spouse t pay or the needs of the recipient spouse. CHANGE MUST BE UNANTICIPATED.

Question 23

Modification of Child Support

Answer 23

A substantial change of the circumstances affecting the needs of the child or the payor’s ability to pay.

Question 24

Enforcement

Answer 24

Civil contempt; seizure of property.

Question 25

Modifying a support order

Answer 25

The court that issues it has continuing and exclusive jurisdiction less the parties no longer reside in issuing state or the parties consent in a record to the nonissuing court’s assertion of jurisdiction to modify the order.