Ch 2: Ending A Marriage

Question 1

What are the three ways to terminate a valid marriage?

Answer 1

Annulment, divorce, or death

Question 2

What is the difference between annulment and divorce?

Answer 2

An annulment voids a marriage, declaring it invalid; divorce terminates a valid marriage

Question 3

Define a void marriage

Answer 3

A marriage treated as if it never happened and does not need to be judicially dissolved

Question 4

What happens if either party has a valid prior existing marriage?

Answer 4

The subsequent marriage is void

Question 5

What is an ‘Enoch Arden’ statute?

Answer 5

A defense to bigamy if parties believed the previous spouse was dead

Question 6

What is the presumption regarding the validity of marriages?

Answer 6

There is a presumption that the latest marriage is valid, rebuttable by evidence of a prior valid marriage

Question 7

Define incest in the context of marriage

Answer 7

Marriage or sexual relations between people related within the prohibited degree of kinship

Question 8

What is required for a valid marriage contract?

Answer 8

A person must understand the nature of the marriage contract and its duties

Question 9

What is a voidable marriage?

Answer 9

A valid marriage until one spouse seeks to legally void it

Question 10

List grounds for a voidable marriage

Answer 10

• Age
• Impotence
• Intoxication
• Fraud or duress

Question 11

What happens if a party under the age of consent marries without proper approval?

Answer 11

The marriage may be annulled

Question 12

Under what condition can impotence be a ground for annulment?

Answer 12

If one party is ‘naturally and incurably’ impotent, and the other party was unaware

Question 13

True or False: Intoxication at the time of marriage can lead to annulment.

Answer 13

True

Question 14

What is required for an annulment based on fraud?

Answer 14

The fraud must go to the essence of the marriage and be based on present facts

Question 15

What is meant by ‘lack of intent’ in annulment cases?

Answer 15

Participation in the marriage ceremony without the intention to be bound by it

Question 16

What rights does a party seeking annulment have regarding property?

Answer 16

Right to request equitable distribution of property and possibly spousal support

Question 17

How are children from an annulled marriage classified?

Answer 17

They are still considered marital children

Question 18

What is the putative marriage doctrine?

Answer 18

Protects a party who believes in good faith that their marriage is valid despite an impediment

Question 19

What is required for divorce in terms of residency?

Answer 19

At least one party must be a resident of the state

Question 20

What are the two categories of grounds for divorce?

Answer 20

• Fault
• No-fault

Question 21

What is the most common no-fault ground for divorce?

Answer 21

Irretrievably broken marriage with no prospect of reconciliation

Question 22

List some fault grounds for divorce

Answer 22

• Adultery
• Cruelty
• Desertion
• Habitual drunkenness
• Bigamy
• Imprisonment
• Indignity
• Mental disorder

Question 23

Define adultery in the context of divorce

Answer 23

Voluntary sexual intercourse with someone other than one’s spouse

Question 24

What must be demonstrated for a cruelty claim in divorce?

Answer 24

A course of conduct harmful to the plaintiff’s physical or mental health

Question 25

What is desertion in the context of divorce?

Answer 25

One spouse voluntarily leaves the marital home with the intent to remain apart permanently

Question 26

True or False: Habitual drunkenness requires the defendant to be an alcoholic.

Answer 26

False

Question 27

What constitutes bigamy?

Answer 27

Entering into a marriage while knowingly having a prior legal marriage

Question 28

What is required for a divorce based on indignity?

Answer 28

Negative behavior making one spouse's condition intolerable and life burdensome

Question 29

What defenses apply only to fault-based divorces?

Answer 29

* Recrimination * Unclean hands * Connivance * Condonation * Collusion * Provocation * Insanity * Consent * Justification * Religion

Question 30

What is recrimination?

Answer 30

When both spouses have committed the same marital wrongdoing

Question 31

Define connivance in divorce context

Answer 31

Consent to or participation in the marital wrong, usually adultery

Question 32

What is condonation?

Answer 32

Forgiveness of misconduct by the plaintiff spouse followed by resuming marital relations

Question 33

What is collusion in the context of divorce?

Answer 33

When both spouses conspire to fabricate grounds for divorce

Question 34

What is a valid defense for desertion?

Answer 34

Consent

Question 35

What is the defense of justification?

Answer 35

Established if one party left the home due to the other's misconduct

Question 36

What is the outcome for a divorce challenge based on religion?

Answer 36

It will fail in all jurisdictions

Question 37

What is the definition of insanity as a defense in divorce?

Answer 37

Insanity is a valid defense when one spouse does not know the difference between right and wrong or lacks the ability to understand that an act is wrongful. ## Footnote This defense can impact the outcome of divorce proceedings.

Question 38

What role does consent play in divorce cases?

Answer 38

Consent is a defense to desertion or adultery. ## Footnote This means that if one spouse consents to the other's actions, it may negate claims of desertion or adultery.

Question 39

What is justification in the context of divorce?

Answer 39

Justification grounds may be established if one party left the home because of the other’s misconduct. This is a defense to desertion. ## Footnote Misconduct can include abusive behavior or infidelity.

Question 40

What is the outcome when a litigant challenges a divorce on religious grounds?

Answer 40

A litigant that challenges a divorce on religious grounds will fail in all jurisdictions. ## Footnote Courts generally do not recognize religious arguments as valid for contesting a divorce.

Question 41

What is a limited divorce?

Answer 41

Limited divorce (or 'divorce from bed and board') allows spouses to live apart without severing the marital tie, often for religious or medical reasons. ## Footnote The court will determine support and property division similar to absolute divorce.

Question 42

What is the purpose of a separate maintenance action?

Answer 42

A separate maintenance action provides for a decree of support for a party, such as for minor children, but does not authorize the parties to live apart. ## Footnote The parties are still considered married and cannot remarry.

Question 43

What is an interlocutory decree?

Answer 43

An interlocutory decree is a temporary order issued during a divorce that prevents either spouse from remarrying until it is finalized. ## Footnote This period allows for any necessary adjustments or considerations before the divorce is officially complete.

Question 44

What is mediation in the context of divorce?

Answer 44

Mediation is a less expensive and often more effective way to resolve separation disputes, facilitated by a neutral, court-approved mediator. ## Footnote It covers spousal support, child support, custody, and visitation rights.

Question 45

What are the two methods for the distribution of assets in the U.S.?

Answer 45

The two methods are: * Community Property * Equitable Distribution ## Footnote Community property treats marriage as a partnership, while equitable distribution aims for a fair division based on circumstances.

Question 46

What is the principle behind community property?

Answer 46

Community property is based on the principle that marriage is a partnership, requiring equal division of marital property in most community property states. ## Footnote This method is used in a minority of states.

Question 47

What does equitable distribution aim to achieve?

Answer 47

Equitable distribution aims for a fair distribution of all marital property, taking into account all circumstances between the parties. ## Footnote It does not necessarily mean an equal division of marital assets.

Question 48

What is considered marital property?

Answer 48

Marital property includes all property acquired during the marriage and is subject to equitable distribution. ## Footnote This typically includes retirement benefits and, under certain conditions, appreciation in nonmarital property.

Question 49

What types of property are generally treated as separate property?

Answer 49

Separate property includes: * Property acquired before the marriage * Valid agreements excluding property * Gifts or inheritances * Property disposed of in good faith before separation * Any award or settlement for causes of action accrued before marriage ## Footnote This classification prevents certain assets from being divided in divorce.

Question 50

What factors do courts consider in the distribution of marital property?

Answer 50

Factors include: * Length of the marriage * Prior marriages * Age, health, and income of both spouses * Contributions to education * Standard of living * Custodianship of minor children ## Footnote Courts aim for a fair outcome based on the specific circumstances of the marriage.

Question 51

What is dissipation in the context of marital property?

Answer 51

Dissipation occurs when one spouse uses marital property for their sole benefit after the marriage has irreconcilably broken down. ## Footnote This behavior can affect the distribution of property.

Question 52

How are professional licenses or degrees treated in divorce?

Answer 52

Most jurisdictions do not treat professional licenses or degrees as distributable property but may consider them in alimony determinations. ## Footnote Courts may award reimbursement for contributions to the other spouse's education.

Question 53

Are retirement or pension benefits considered marital property?

Answer 53

Yes, retirement or pension benefits acquired during the marriage are considered marital property and subject to equitable distribution. ## Footnote This includes military pensions.

Question 54

How are personal injury claim proceeds treated in divorce?

Answer 54

Proceeds may be treated as either marital property or separate property, depending on when the cause of action accrued and the nature of the award. ## Footnote Some jurisdictions allocate awards between marital and separate property.

Question 55

What is the treatment of goodwill in divorce?

Answer 55

Goodwill, or the reputation and clientele of a professional practice, is considered marital property in a significant minority of jurisdictions. ## Footnote This can impact the valuation of a professional's practice during divorce.

Question 56

What are the tax consequences of equitable distribution?

Answer 56

Equitable distribution payments are tax-free at the time of transfer between divorcing spouses, with the transferee's tax basis being the same as the transferor's. ## Footnote Tax implications arise when the property is sold.

Question 57

Can a property division award be modified after divorce?

Answer 57

No, a property division award is not modifiable because it is based on the parties’ assets at the time of divorce. ## Footnote Changes in circumstances after divorce do not affect the award.