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Flashcards in DISSOLUTION Deck (15)
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1

FAULT DIVORCE (GENERALLY)

-may elect fault or no fault
-quicker (no min. period of sep.)
-entitlements to SPOUS. SUPP and PROP. may be affected
-FEW STATES--> no fault available if BOTH agree, absent this req. fault

2

3 FAULT DIVORCE GROUNDS

ADULTERY (most states recog)
DESERTION or ABANDONMENT
-sep. without consent, INVOLUN. leaving
CRUELTY
-no single act unless LIFE THREATENING
-verbal abuse MAY

3

FAULT DIVORCE DEFENSES

CONNIVANCE
-express/implied consent to misconduct (BEFORE)

CONDONATION
-forgiveness of spouses cheating, KNOWLEDGE
(AFTER)

RECRIMINATION
-misconduct of P-sp, justifies D-sp misconduct

4

IRRETRIEVABLE BREAKDOWN

SHOWN BY:
-BOTH parties, no rehabilitation
-ONE party believes this to be so ESP. when parties have been living apart

5

WHAT CONSTITUTES SEPARATION?

-jurisdictions often req. SOME NOTICE
-stat. construction problem
-MOST req. some sep. period
-MOST req. sep. residences when requiring sep.
-VOLUNTARY with consent of BOTH
-BURDEN
PREPOND of EV
P proves separation is MUTUAL

6

SEPARATE MAINTENANCE

-enforces support oblig. AND favors resumption of cohabitation
-APART but PROP NOT DIVIDED
-opp. for reconciliation
-marriage considered MAINTAINED for tax purposes

7

LEGAL SEP. WITHOUT RT TO REMARRY

-req. spouses LIVE APART AND nullifies marital obligation of cohab.
-NO RIGHT TO REMARRY
-decides prop. division
-DISSOLUTION of mar. status for tax conseq.

8

ANNULMENT

by reason of defect, NOT and NEVER existed
-present at TIME of marriage
EX. incest, bigamy, fraud, lack of MC, duress

9

DEFENSES TO ANNULMENT

ESTOPPEL
RATIFICATION
UNCLEAN HANDS

10

FRAUD--> TO GET AN ANNULMENT

-must have occured BEFORE marriage
-MATERIAL and RELIED UPON
-must go to ESSENCES of marriage contract
YES- false rep (fertility), serious misrep (religious beliefs)
NO- facts about wealth, charac. of past life

11

JURISDICTION OVER DIVORCE

-state of P's domicile
-conducted as IN REM
-can be done EX PARTE, "only petitioner"
-FULL FAITH AND CREDIT

12

DURATIONAL RESIDENCY REQ.

HALF--> 6 MO or LESS

10--> YR or MORE

7--> 60 DAYS or LESS

13

DIVORCE FROM OTHER COUNTRIES

-not mandated FF and C if contra. to PUB POL
COMITY- allows states to rec. foreign divorce decrees, but not compelled

14

URESA- Uniform Recip. Enforce of Supp. Act

COULD FILE IN STATE A AND FORWARD TO WHERE OBLIGOR LIVED OR OWNED PROP
-gov atty. on behalf of parent w/ child
LED TO-->
Uniform Interstate Family Support Act

15

DOCTRINE OF DIVISIBLE DIVORCE

-PJ pertains to the one who has to pay
-initiate in HOME STATE and ANOTHER STATE litigate through its ATTY GEN