Ending a Marriage Flashcards
(47 cards)
What is an annulment
voids a marriage and declares it as having never been valid
What is a void marriage
Treats as marriage as never happened, does not need to be judicially dissovled; not legally recognized for any purpose
what voids a marriage
prior existing marriage, incest, mental incapacity
what happens with a prior existing marriage
the later marriage is void; some states allow the marriage to become valid if one party had a good faith belief that the marriage was valid and the impediment is removed
rebuttable presumption of validity of the latest marriage
What is a voidable marriage
valid until a judicial decree dissolves the marriage
what are grounds for a voidable marriage
age, impotence, intoxication, fraud, duress, or lack of intent
what are defenses to a void marriage
only defense is to deny the existence of the impediment that makes the marriage void; removing the impediment makes the marriage voidable
what are defenses to a voidable marriage
equitable defenses of unclean hands, laches, and estoppel
what is the putative marriage/spouse doctrine
a party who participated in a ceremonial marriage and beleives in good faith that the marriage is valid may use a state’s divorce provisions even if the marriage is later found to be void
what are the grounds for divorce
no fault
fault (adultery, cruelty, desertion, habitual drunkenness, bigamy, imprionment, instituitonalization for insanity)
what is a no fault divorce
marriage is irretrievably broken and there is no prospect of reconciliation. irreconcilable differences must exist for a specific period of time prior to the filing of the divorce action
what are fault divorces
adultery
cruelty
desertion
habitual drunkenness
bigamy
imprisonment
institutionalization for insanity
adultery
must be shown that the spouse had the opportunity and inclination to commit adultery; usually proven by circumstantial evidence
cruelty
plaintiffy must demonstrate a course of conduct by the other party that is harmful to the plaintiff’s physical or mental health that makes continued cohabitation between the parties unsafe or improper
desertion
results when one spouse voluntarily leaves the marital home with the intent to remain apart on a permanent basis; does not apply if the parties separate by mutual consent
habitual drunkenness
frequent intoxication that impairs the marital relationship
bigamy
when one party knowingly entered into a prior legal and existing marriage before entering into the current marriage
imprisonment
of one spouse for a specified period of time
institutionalization for insanity
with no reasonable prospect of discharge or rehabilitation
defenses to fault based divorce
recrimination, unclean hands, connivance, condonation, collusion, provocation, insanity, consent, justification, religion
must be affirmatively pleaded
recrimination and unclean hands
both spouses have committed a marital wrongdoing of like conduct (mostly seen in desertion, adultery, cruelty)
connivance
consent to or participation in the marital wrong (usually adultery; ex. allowing or benefiting from spouses prostitution)
condonation
forgiveness of spouse
must be knowledge and forgiveness of misconduct and party assumes marital relations with guilty party
collusion
both spouses conspired to fabricate grounds for divorce
