Void/Voidable Marriages

Question 1

What are the 5 grounds that make a marriage voidable?

Answer 1

Nonage, mental incapacity, wrongfully obtained consent (force, duress, fraud), five years incurable mental illness

Question 2

Can both void and voidable marriages be ratified?

Answer 2

Void marriages cannot, voidable can.

Question 3

Who may seek annulment of:
A) void marriages; and
B) voidable marriages.

Answer 3

A) any interested party

B) only spouses, or in certain cases a parent, guardian or next friend

Question 4

What is a defense to a void marriage?

Answer 4

If the impediment (ie incest or bigamy) doesn’t exist (assuming this really only applies to bigamy).

Question 5

What happens when an impediment to a void marriage no longer exists?

Answer 5

If it has been removed the marriage becomes voidable and the defenses to voidable marriages such as ratification apply.

Question 6

What are the defenses to a voidable marriage?

Answer 6

Impediment removal, ratification, laches (unreasonable delay), estoppel (preventing inequitable result), s/l passed

Question 7

What are the two grounds that void a marriage?

Answer 7

Incest and bigamy

Question 8

What are the grounds in an action for legal separation?

Answer 8

Grounds:

1. Cruel and inhuman treatment (if physical, continuing cohabitation likely not defense)
2. Abandonment
3. Adultery
4. Three years consecutive imprisonment
5. Failure to support (economically)

Question 9

What does abandonment involve?

Answer 9

1. Voluntary departure by one spouse from another
2. Without consent
3. Without justification
4. No intent to return

Constructive: abandon marriage as abstraction through behavior (eg, refuse to have sex)

Question 10

What does adultery involve?

Answer 10

1. Must be voluntary
2. Must be with another person

Defenses:

1. Recrimination (P also did)
2. Condonation (awareness, forgiveness)
3. Connivance (P spouse induced)

SOL: 5 years

Question 11

What are the grounds for divorce?

Answer 11

Grounds:

1. Cruel and inhuman treatment
2. Abandonment (absence 1 full year)
3. Adultery
4. Three years consecutive imprisonment
5. Conversion

Question 12

What is a conversion divorce?

Answer 12

1. Separation for 1 full year (no sex with anyone)
   (a) result of earlier litigation for court-ordered separation; OR
   (b) result of separation agreement (notarized and filed, rescinded if have sex with intent to reconcile, material breach precludes conversion)
2. Divorce by court following 1 year separation

Question 13

What is a dissolution action?

Answer 13

1. Spouse missing with no tidings 5 years
2. Spouse believed to be dead.
3. A diligent search has revealed no evidence that the spouse is alive.