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Family Law > Getting Out of a Marriage > Flashcards

Getting Out of a Marriage Flashcards

1
Q

Annulment v. Divorce?

A

Annulment looks backwards in time and is predicated on a ground that predates the marriage.

Divorce is based on problems arising after the marriage.

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2
Q

Grounds for annulment is generally _____.

A

Capacity

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3
Q

Void v. Voidable Marriage? 2 distinctions.

A

A void marriage doesn’t really exist; it is a nullity. A voidable marriage does exist, but can be voided.

A void relationship is one in which the grounds are not waiveable by the parties, while grounds that make a marriage voidable can be waived.

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4
Q

Why would you get an annulment if your marriage is already void? (2)

A

Legal clarity

To adjudicate collateral issues (house, car, money, kids, etc.)

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5
Q

What is true of an annulment proceeding in a void marriage situation?

A

It is optional

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6
Q

If you have to advise someone with a void marriage, discuss her legal status then recommend . . . . because . . .

A

She get an annulment

She should seek legal clarity and try to adjudicate collateral issues.

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7
Q

Grounds for a void marriage? (3)

NOTE: Don’t waste your time memorizing this list.

A

Bigamy (as to the second spouse)

Insanity

Incest

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8
Q

Bigamy is generally grounds for a void marriage. What if the original spouse is missing? How can it be ok?

A

Ok IF you wait 7 years or if you get a legal declaration.

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9
Q

Senior citizen, first spouse deceased, 2 adult children. SC has dementia and is very rich. Second, younger spouse comes along and its obvious he has money on his mind? Marriage is/isn’t void. Who can challenge it?

A

Is

SC’s adult children

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10
Q

Grounds for voidable marriage? (5)

A

Too young (17 or younger without consent)

Inebriation at time of ceremony

Duress

Fraud

Incurable impotence

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11
Q

How do you waive a ground of voidable marriage?

A

Waiver = continued cohabitation after the impairment is removed.

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12
Q

Cohabitation means . . .

A

Living together with a sexual relationship

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13
Q

When is inebriation as a grounds for an annulment?

A

60 days from marriage without seeking annulment

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14
Q

Classic example of duress in marriage context?

A

Forced marriage because of marriage child (shotgun wedding)

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15
Q

Fraud exists when, prior to the marriage, one party . . .

A

Made a misrep. or concealed information that “goes to an essential aspect of the marriage.”

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16
Q

For fraud to provide grounds for a marriage, the lie or concealment must . . . .

A

go “to an essential aspect of the marriage”

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17
Q

Is impotence grounds for an annulment? Explain

A

Yes, if not shared AND if there is an expectation

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18
Q

If a women is pregnant with a baby of someone other than her fiancé, grounds for an annulment?

A

Yes

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19
Q

A lie about your sexual history COULD be grounds for an annulment if it is . . .

A

MAJOR

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20
Q

Is a lie about your sexual proclivities grounds for an annulment?

A

Yes

21
Q

Are the following grounds for an annulment?

Lying about Religion

Lying about Sex

Lying about Procreation

Lying about money, property, social status

A

Lying about Religion (ok)

Lying about Sex (ok)

Lying about Procreation (ok)

Lying about money, property, social status (NOT ok)

22
Q

A temporary inability to perform sexually is/isn’t grounds for an annulment.

A

Is not

23
Q

In PA, parties to an annulment can ask for and receive the same economic remedies as in a divorce proceeding. T or F?

A

T

24
Q

In order for a PA court to have SMJ over a divorce, all we need is ______ and _______.

A

One spouse domiciled and 6 months residence.

25
Q

In order to get economic remedies in a divorce, a court needs . . .

A

Personal Jurisdiction

26
Q

Fault grounds for divorce

A

Desertion

Adultery

Cruel and Barbarous Treatment (domestic abuse)

Bigamy

Imprisonment

Indignities

Insanity or serious mental disorder

27
Q

Desertion is a . . .

A

Willful and malicious absence from the home w/o reasonable cause for a period of at least 1 year.

28
Q

The period of desertion must/need not be continuous.

A

Must be.

29
Q

Cruel and Barbarous Treatment is defined as . . .

A

intentional and unprovoked violence that endangers the other spouse.

30
Q

For imprisonment to provide grounds for divorce, how long must you be locked up?

A

2 years.

31
Q

Indignities are a continuous course of conduct that . . .

A

Renders plaintiff’s life burdensome and her conditions intolerable.

32
Q

Refusing to have sex for the rest of the marriage are grounds for a divorce on what ground?

A

Indignities

33
Q

For insanity to qualify as a grounds divorce, what two things must be true?

A

Hospitalized for at least 18 months

No likely cure for at least another 18 months.

34
Q

8 affirmative defenses to fault divorces?

A

Condonation

Connivance

Collusion

Recrimination

Provocation

Consent

Insanity

Justification

35
Q

The defense of condonation requires (3):

A

Knowledge of misconduct;

Forgiveness; AND

Resumption of Marital Relations

36
Q

The defense of connivance is ___ ______ to the spouse’s adultery.

A

Corrupt consent (i.e., lured D into the misconduct)

37
Q

In order for condonation to be an effective defense, the defending party must evince an intention . . .

A

To abstain from the culpable behavior moving forward.

38
Q

The defense of collusion is an . . .

A

Unlawful agreement to fabricate grounds for divorce

39
Q

The defense of recrimination is a showing that _____ ______ exists.

It is reminiscent of what equitable defense?

A

Equal fault.

Unclean hands

40
Q

Misconduct is not grounds for divorce is the spouse has done what?

A

Provoked the misconduct.

41
Q

Consent is a defense to _____ or _____.

A

Desertion or Adultery.

42
Q

Can insanity serve as a defense to divorce?

A

Yes

43
Q

No Fault divorce still requires a ______.

A

Ground

44
Q

A no-fault divorce will be granted if there is ______ ______.

A

Mutual consent.

45
Q

*The ground for a no fault divorce is an _____ ______ of the marriage.

A

“Irretrievable breakdown”

46
Q

How do you prove that your marriage is irretrievably broken”?

A

One party files a divorce complaint and, within 90 days, both parties acknowledge by affidavit that the marriage is irretrievably broken.

47
Q

If only one party says that the marriage is “irretrievably broken” (i.e., unilateral no fault divorce), what must happen in order to get a no-fault divorce?

A

Live separate and apart for at least two (continuous years).

48
Q

Living “separate and apart” in the context of a unilateral no fault means . . .

A

No sex!

Family Law (7 decks)

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