Ending a Marriage Flashcards
(13 cards)
How to end a valid marriage
A valid marriage, including a common-law marriage, can be terminated only by annulment, divorce, or death.
Annulment
An annulment voids a marriage and declares it invalid (as opposed to divorce, which terminates a valid marriage).
Incest
Incest is marriage or sexual relations between people related within the prohibited degree of kinship.
Putative Marriage Doctrine
A party who participated in a ceremonial marriage and believes in good faith that the marriage is valid may use a state’s divorce provisions, even if the marriage is later found void because of an impediment
Divorce
Divorce is a legal dissolution of a marriage.
Adultery
Adultery is voluntary sexual intercourse with someone other than one’s spouse.
Desertion (abandonment)
Desertion (also called “abandonment”) is when one spouse, without cause or the consent of the other spouse, voluntarily leaves the marital home with the intent to remain apart on a permanent basis.
Bigamy
Bigamy occurs when one of the parties in the marriage knowingly entered into a prior legal and existing marriage before entering into the current marriage.
Recrimination
Recrimination occurs when both spouses have committed the same marital wrongdoing.
Unclean Hands
The “unclean hands” defense is available when the plaintiff’s own behavior or acts are questionable, regardless of the other spouse’s wrongdoing.
Connivance
Connivance is consent to or participation in the marital wrong, usually adultery (e.g., allowing or benefitting from a spouse’s prostitution).
Collusion
Collusion occurs when both spouses “conspired to fabricate” grounds for divorce.
Dissipation
Dissipation occurs when one spouse uses marital property for her sole benefit after the marriage has irreconcilably broken down (e.g., the purchase of expensive gifts for a paramour).
