Divorce / Dissolution Flashcards
What is the difference between annulment & divorce?
- annulment = as if the marriage never existed
- divorce = terminates a valid marriage
Can an annulment be granted for fraud that occurred after the marriage was entered?
No - the grounds for annulment must exist @ the time of entry into the marriage.
What are the two types of divorce jurisdictions?
1) fault based;
2) no fault based
What are the 4 grounds for divorce in a fault based jurisdiction?
1) adultery;
2) cruelty;
3) desertion;
4) others (convictions, addictions, insanity)
What is the definition of adultery?
Voluntary sexual intercourse of a married person w/ someone other than their spouse
Can a spouse claim grounds for cruelty after one instance of domestic violence?
No - cruelty requires the action to be habitual.
What is the definition of desertion?
Cessation of cohabitation, w/out cause or consent, but with the intent to abandon for the statutory period of time.
What is constructive desertion?
When one spouse is forced to leave by the other’s conduct.
What are the 4 defenses to fault based divorces?
1) recrimination;
2) condonation;
3) connivance;
4) collusion.
What must be shown to obtain a no fault divorce in FL?
either (a) that the marriage is irretrievably broken, or (b) the spouse is insane & has been institutionalized for at least 3 years.
What is the defense to a no fault divorce in FL?
Denial of the grounds
Where is the appropriate jurisdiction for a party to obtain a divorce?
Wherever their domicile is (domicile = presence w/ intent to remain)
How long must an individual reside in FL to be considered a resident for divorce purposes?
6 months prior to filing
