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Family Law > Termination of Marriage > Flashcards

Termination of Marriage Flashcards

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1
Q

Annulment

A

a declaration that a marriage is invalid due to an impediment at the time of the marriage.

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2
Q

For what kind of marriages is an annulment an option?

A

marriages which are void or voidable.

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3
Q

When is a marriage void?

A

when the marriage fails to meet the requirements for marriage.

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4
Q

Who can argue that a marriage is void?

A

spouses or a third party.

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5
Q

How can a void marriage be remedied?

A

continued cohabitation after removal of the impediment.

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6
Q

When is a marriage voidable?

A

when an event or condition affects the adequacy of consent to a marriage contract. An impediment at the time of the marriage allows one of the parties to bring an action declaring the marriage void.

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7
Q

A voidable marriage is treated as valid until . . .

A

it is annulled.

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8
Q

Who can argue that a marriage is voidable?

A

only a spouse

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9
Q

How can a voidable marriage be remedied?

A

continued cohabitation after removal of the infirmity.

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10
Q

What are examples of a voidable marriage?

A

spouse is underage, incurable physical impotence, lack of capacity, fraud.

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11
Q

What is the effect of an annulment on children of that annulled marriage?

A

there is no effect. The children are still legitimate.

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12
Q

Can child support be paid by a spouse to an annulled marriage?

A

yes

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13
Q

Can spousal support be paid by a spouse to an annulled marriage?

A

yes

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14
Q

What happens to property when a marriage is annulled?

A

the property is treated as though the two people never married.

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15
Q

In order for a court to have jurisdiction over a couple wishing to get divorced, what must be present?

A

one of the spouses must be domiciled in the state where the court is sitting.

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16
Q

For a court to determine property and financial issues in a divorce, the court must have what?

A

personal jurisdiction over BOTH parties.

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17
Q

Can more than one state have personal jurisdiction over a divorce?

A

yes, and whichever comes to a conclusion first is determinative.

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18
Q

What are the two general categories of divorces?

A

no-fault divorces and fault divorces

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19
Q

What are the grounds for a no-fault divorce?

A

irreconcilable differences; living apart for a long enough time; incompatibility

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20
Q

What are the grounds for a fault divorce?

A

Adultery; desertion; cruelty; habitual drunkenness; and insanity.

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21
Q

For a showing of grounds for a fault divorce based on adultery, what must be shown?

A

the non-cheating spouse must show 1) opportunity; and 2) inclination.

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22
Q

Adultery is usually proved using ___________ evidence.

A

circumstantial.

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23
Q

What is the only real defense against a no-fault divorce action?

A

reconciliation between the parties.

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24
Q

What are the defenses against a fault divorce?

A

collusion; conivance (consent); condemnation (forgiveness); recrimination (unclean hands)

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25
Q

Collusion

A

the fraudulent simulation of grounds for divorce.

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26
Q

When will a couple be allowed to legally separate?

A

under the same grounds as of divorce.

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27
Q

In a legal separation, is the couple still married?

A

yes

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28
Q

Can property and child support issued by decided if a couple is merely separated?

A

yes

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29
Q

Where a couple is legally separated, property acquired by either spouse after the separation is . . .

A

separate property

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30
Q

In an equitable division of marital property, each spouse takes what?

A

each spouse takes their separate property and an *equitable share of the marriage property.

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31
Q

Equitable does not necessarily mean ___________.

A

equal

32
Q

Property distribution decrees are not ________________.

A

modifiable

33
Q

Is property which is titled in spouse A’s name but which was acquired during the marriage separate or marital property?

A

marital property. Title does not effect it if it was acquired during the marriage.

34
Q

Individual retirement accounts are what kind of property?

A

separate property

35
Q

Specific bequests, devises, and gifts are what kind of property?

A

separate property

36
Q

Property acquired in exchange for property acquired before the marriage is what kind of property?

A

separate property. If A exchanges his bike that he had before the marriage for something else, the thing he exchanged it for is separate property.

37
Q

Income and appreciation of separate property is what kind of property?

A

separate property

38
Q

Civil damages awarded to one spouse are what kind of property?

A

separate property.

39
Q

Property acquired by a spouse after an order of legal separation is what kind of property?

A

separate property

40
Q

Must marital property be acquired by both spouses together?

A

no, it can be acquired by only one of the spouses

41
Q

Marital property can only be acquired during what time period?

A

during the marriage

42
Q

When can marital property no longer be acquired?

A

after a final divorce decree

43
Q

Pension rights, stock options, retirement rights, and benefits of employment are what kind of property?

A

marital property

44
Q

What are the ways that separate property can be turned into marriage property?

A

by 1) commingling the property; 2) by the intent of the parties; 3) improvement of separate property using marital funds; 4) property acquired before the marriage but paid for after the marriage.

45
Q

Are pensions separate or marital property?

A

marital property, even when the other spouse did not contribute.

46
Q

Where property is acquired before marriage but paid for after marriage, how will it be distributed upon divorce?

A

the court will apportion the property according to the separate and marital funds used to pay for the property.

47
Q

Are professional degrees or licenses marital or separate property?

A

separate property

48
Q

Is a property division a taxable event?

A

no

49
Q

Can a court’s property division be modified?

A

no, it is final.

50
Q

The division of marital property during divorce is also referred to as . . .

A

equitable division

51
Q

Alimony

A

payments of money made to an economically dependent spouse.

52
Q

How many types of alimony can a court require a former spouse to pay to the other spouse?

A

as many as the court decides.

53
Q

What are the four types of alimony?

A

1) permanent periodic support; 2) lump sum support; 3) rehabilitation support; 4) reimbursement support.

54
Q

Can permanent periodic support be modified?

A

yes

55
Q

What is the difference between lump sum support and a permanent periodic support?

A

permanent periodic support is permanent, whereas lump sum support is a sum being paid in installations over a period of time.

56
Q

Can lump sum support be modified?

A

no

57
Q

Can rehabilitation support be modified?

A

yes

58
Q

When will rehabilitation support be paid?

A

when the spouse receiving the support needs to gain education or skills.

59
Q

Is rehabilitation support permanent?

A

no

60
Q

When is reimbursement support paid?

A

when the supported spouse has gained education or skills that the supporting spouse should have contributed to.

61
Q

Spousal support is modifiable in ____________________________________ affecting the needs of the recipient spouse or the ability of the other spouse to pay.

A

substantial and material change of circumstances

62
Q

Where a supporting spouse voluntarily reduces their income, what result on the spousal support they are paying?

A

the spousal support will remain the same.

63
Q

What terminates periodic payment of support?

A

the remarriage of the supported spouse or the death of either spouse.

64
Q

Where a supporting spouse dies, what is the effect on their paying lump sum support?

A

it remains. Lump sum support survives death.

65
Q

Can a supporting spouse claim a tax deduction based on payments of support to a spouse?

A

yes

66
Q

Separation agreements require what?

A

consideration

67
Q

In a separation agreement, a court will not be bound by a couple’s contract regarding what?

A

children

68
Q

What is the effect of submitting a separation agreement with a divorce decree?

A

the divorce decree is merged with the separation agreement and the two become one document which can be modified by the court.

69
Q

If you want to be able to modify your separation agreement, what is the best course of action?

A

you should submit it alongside your divorce decree so as to make it modifiable.

70
Q

If a separation agreement is not submitted with a divorce decree, what is the result?

A

the agreement is a mere contract subject to contract law.

71
Q

A separation agreement is basically a type of __________.

A

contract

72
Q

Can a void marriage be remedied?

A

only if the impediment is removed and the couple continues to cohabitate. A void marriage is a complete nullity. The spouses can walk away from each other at any moment after a marriage is declared void.

73
Q

Can spousal support be reinstated if a spouse’s subsequent marriage is also terminated?

A

no

74
Q

What are the three approaches the dividing property in the event of divorce?

A

community property; equitable division of all property; and equitable division of marital property.

75
Q

Property which was gained before the marriage but which was paid for during the marriage is what kind of property?

A

it is partially marital property and partially separate property.

76
Q

There is a rebuttable presumption that the state granting the divorce to a spouse is . . .

A

the bona fide domicile of the spouse.

Family Law (10 decks)

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