Ending a Marriage Flashcards
(27 cards)
How can a marriage end?
(1) Annulment
(2) Death
(3) Divorce
What is an annulment and when may it be granted?
A court order that treats the marriage as though it never existed. May only be given when the marriage was invalid because of an impediment at the time of the marriage
What is a no-fault divorce?
A divorce in which a spouse petitioning for divorce need not prove the other party was at fault
What is required for a court to grant a no-fault divorce?
The marriage must be “irretrievably broken”
What are the grounds for a fault-based divorce?
(1) Abandonment
(2) Adultery
(3) Cruelty and indignity
(4) Impotence
(5) Incarceration
(6) Alcohol or drug abuse
(7) Insanity
What are the defenses to a fault-based divorce?
(1) Collusion
(2) Connivance
(3) Condonation
(4) Recrimination
What is collusion?
Agreement between spouses to deceive the court by falsely claiming that one party was at fault or by agreeing not to use a defense
What is connivance?
When one spouse facilitates the wrong of the other or willfully ignores the wrongdoing
What is condonation?
When one spouse forgives the guilty spouse by words or action
What is recrimination?
Where both spouses are guilty of the same wrong
What types of jurisdiction must a court have to issue a divorce decree?
(1) PJ over at least one spouse
(2) SMJ
How can a court obtain PJ to issue a divorce decree?
At least one spouse must live within the court’s area of jurisdiction
What is an ex parte divorce?
A proceeding in which the court only has PJ over one of the spouses. Court may only issue the decree, and may not decide other matters
What is an interlocutory divorce decree?
A divorce decree that becomes final after a set period of time
What are the three approaches to property division?
(1) Common law majority (equitable division of marital property)
(2) Common law minority (equitable division of all property)
(3) Community property
What is the community property approach?
Courts divide marital property equally between the spouses; separate property is awarded to its owner
Are property division orders modifiable after divorce?
No
What three categories of property will always be separate property?
(1) Acquired before marriage
(2) Inherited property
(3) Property obtained by gift
What is marital property?
Anything acquired during the marriage that is not separate property
What is commingling?
When separate property loses its separate status because it is so commingled with marital property that it is impossible to trace what is and isn’t separate
What is transmutation?
When a spouse or spouses voluntarily change the character of property
What is required for marital property to be transmuted to separate property?
Consent of both spouses
What are the factors courts rely on when determining equitable division of property?
(1) Income and property
(2) Duration of marriage
(3) Age and health
(4) Marital home and custody of children
(5) Loss of inheritance, pension, and health insurance
(6) Award of support or maintenance
(7) Contributions to property
(8) Liquidity of marital property
(9) Tax consequences
(10) Waste
May a court rely on fault when determining whether to award spousal support?
Yes
