divorce Flashcards
(16 cards)
no fault divorce
all jurisidctions have
look for irrevocable differences
no need to reconcile, some states do require a waiting period
fault based divorce
divorce based on fault
examples of fault fault based divorce
examples of fault:
adultery, crulety, desertion
defenses to no fault divorce
1) recrimination of unclean hands (both @ fault)
2) connviance (consented to fault)
3) condonation (spouse forgave)
4) provocation (other spouse caused )
5) insanity
medition
period before divorce, allows for non-court intervention. some states require
requirements of a mediator
1) imparital
2) clearly explain the process
3) cannot coerce or improperly influence
community property
9 states
all martial property is equally divided
different than equitible
equitible distribution
majority rule
division of property in an equible manner, 1) divide into SP and MP and then 2) CT determines what each spouse needs
CT considertions when awarding spousal support
1) finanical resourses of both parties
2) standard of living during the marraige
3) time itw will take for reciveing spouse to find a job
4) lenght of the marraige
5) contribution to marraige
6) age and health of both parties
7) marital miscondcut(rare not all JX)
marital property
anything earned during marriage other than gifts & inheritence / devises
no one spouse has more power over poperty
separate property
earned before marriage or things that were acquired as a gift, via inhieritence or devise.
does a spouse who has complete title over something own it as Sp?
no
title alone is not diffinative
degrees + marital property
degree is no property and not considered MP regardless of when it was earned. SPouse may be able to receive $ for thier economic investment into other spouse degree
personal injury calim & MP
two views
all proceeds are MP
or
split
compensatory-> SP (pain and suffering)
consortium -> SP non injured spouse
lost wages & medcial expenses –> MP
are future retirement plans and pensions MP or SP
MP
