Termination of Marriage Flashcards
Annulment
a judicial declaration that the marriage as invalid due to some impediment at the time of marriage and, therefore, a marriage never occurred
Grounds for Annulment
incapacity due to: - age - mental incompetence - fraud or duress bigamy consanguinity incurable impotence
Spousal support after annulment
most states allow
division of property after annulment
courts attempt to divide in a way that puts the parties in the position they were before the marriage
A divorce decree
terminates the marriage relationship
grounds for no fault divorce
irretrievably broken
living separate
incompatibility
Jx over Annulment
state where either party is domiciled has jx to enter an annulment decree
most states also give jx to court that where the marriage was entered into
Jx over divorce
action must be brought where one or both parties are domiciled
Jx over marital property upon divorce
a court does not have jx to determine property rights of property located outside the state unless it has jx over both parties
Community Property Division
50-50 split of all property acquired during marriage (except by gift or inheritance)
Equitable Division of Property
each spouse takes their separate property and then court divides marital property on “fair” grounds
Modification of a property division award
no
Separate Property generally includes property…
- obtained before marriage
- obtained by gift or bequest
Marital Property general includes property…
- anything acquired during marriage other than gift/bequest
- appreciation due to spousal labor
- pensions earned during marriage
What factors does a court consider in conducting an equitable division of property? (8)
income of each party duration of marriage standard of living during marriage assets/liabilities/debts of each party health other forms of spousal support who has custody of minor children contributions via "home making"
