Divorce Flashcards
What is divorce?
a decree of absolute divorce terminated the marriage relationship
What is no fault divorce?
requires a showing that the marriage is irretrievably broken and/or the parties have been living apart for a specified time.
What is the defense of a no fault divorce?
That the marriage is not broken or they have not lived separate and apart.
What are the grounds for fault divorce?
1) adultery
2) desertion
3) extreme cruelty
4) voluntary drug addiction
5) habitual drukenness
6) Insanity
What are the defenses of fault divorce?
1) Collusion - agreement to make it up
2) Connivance - consent of the misconduct
3) Condonation - forgiveness w knowledge
4) Recrimination - also guilty of misconduct
Does an order of legal separation terminate a marriage?
No, but they can have their spousal support, child custody, child support adjudicated in this proceeding.
Must one of the parties be domiciled in the state where they seek the divorce?
Yes.
Can they remarry even if the decree is not final?
NO, they must wait until a final decree.
