Divorce Flashcards
No fault divorce types
Irreconcilable differences
Living separate and apart for specified period
Incompatibility
Fault based divorce
Adultery - proved by proof of opportunity and inclination
Desertion for s specified time (has to be unjustifiable desertion)
Cruelty- physical or mental
Habitual drunkenness or drug abuse
Insanity (might require institutionalizations)
Jurisdiction for divorce v jurisdiction for financial matters (Alimony, preppy division, etc)
One party’s domicile v personal jurisdiction over both parties
Defenses to fault based divorce
Collusion
Connivance
Condonation
Recrimination
Effects of legal separation
Parties still married
Parties can seek to have their rights regarding property spousal support child custody and child culprit decided