Ending A Marriage

Question 1

Putative Marriage Doctrine

Answer 1

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. 

Question 2

Annulment

Answer 2

An annulment voids a marriage and declares that it was never valid (as opposed to divorce, which terminate a valid marriage). An annulment action involves two types of marriage: void and voidable.

Question 3

Void Marriage

Answer 3

A void marriage is treated as if it never happened, so it may not be judicially dissolved.

Question 4

Grounds for a voided marriage

Answer 4

Grounds for a voided marriage include prior existing marriage, incest, mental incapacity.

Question 5

Defenses to a voided marriage

Answer 5

Denial of the existence of the impediment makes the marriage void. Merely removing the impediment makes the marriage voidable. 

Question 6

Voidable Marriage

Answer 6

A voidable marriage is valid until declared void after a challenge by either party. A judicial decree dissolves the marriage.

Question 7

Grounds for a voidable marriage

Answer 7

Marriage can be declared, voidable on the grounds of age, impotence, intoxication, fraud/duress, and lack of intent.

Question 8

Defenses to Voidable Marriages

Answer 8

The equitable defenses of unclean hands, laches, and estoppel.

Question 9

Property Distribution in instances of Annulment

Answer 9

A party seeking annulment may request an equity distribution of property, and in some states, spousal support.

Question 10

Residency requirement in a divorce or separation

Answer 10

Most states required that at least one party be a resident to seek divorce or legal separation in the state.

Question 11

No-fault grounds

Answer 11

No-fault grounds for divorce arise when the marriage is irretrievably broken and there is no prospect of reconciliation.

Question 12

Fault-based grounds for divorce

Answer 12

Fault grounds include adultery, cruelty, desertion, habitual, drunkenness, bigamy, imprisonment, and dignity, institutionalization.

Question 13

Defenses to fault-based divorce

Answer 13

Recrimination, unclean hands, connivance, condonation, collusion, provocation, insanity, consent, justification.

Question 14

Divisible Divorce (ex parte divorce)

Answer 14

A court with SMJ, but PJ over only one spouse can issue a divorce decree, but cannot determine property, support & custody issues; the non-resident spouse may collaterally attack by showing the other spouse was not domiciled in the state or left immediately after a judgment was granted.

Question 15

Equitable distribution system

Answer 15

Most states apply an equitable distribution system. The objective of an equitable distribution system is fair distribution of marital property, taking into consideration all the circumstances between the parties. Therefore, equitable distribution, does not always require equal distribution.

Question 16

What factors do courts consider when distributing marital property?

Answer 16

1. Length of marriage.
2. Prior marriages.
3. Age, health, earnings, earning potential, liabilities, and needs of both spouses.
4. Contributions to education.
5. Needs for future acquisitions
6. Income, medical needs, retirement of both spouses.
7. Standard of living.
8. Contribution to increases in marital property, including homemaking & childrearing services.
9. Value of separate property.
10.  reduction evaluation of marital property by one spouse
11. Economic circumstances of each spouse at the time of divorce
12. Custodianship of any minor children 

Question 17

Define Marital property

Answer 17

All property acquired during the marriage.

Question 18

Define non-marital property

Answer 18

1. All property acquired before marriage
2. Property acquired by gift or inheritance.
3. Property agreed upon by the parties in a valid agreement.
4. In some states, property acquired after legal separation.

Question 19

Can property division decrease be modified?

Answer 19

No. A property decree can only be set aside on grounds such as fraud.

Question 20

Spousal support

Answer 20

Spousal support is the obligation of one party to provide financial support to the other if that person cannot provide for his/her own needs.

Question 21

What are the factors used to calculate spousal support?

Answer 21

1. Financial resources.
2. Standard of living.
3. Length of marriage
4. Time to reintegrate into the workforce.
   5. Contributions to the marriage.
5. Age in health.
6. Marital misconduct/fault.
7. Needs (children, debt).

Question 22

Types of spousal support

Answer 22

1. Lump sum,
2. permanent,
3. limited duration,
4. rehabilitative,
5. reimbursement,
6. paid while divorce is pending, and
7. in few jurisdictions, palimony for cohabitating partners.

Question 23

How can a spouse receive modification of spousal support?

Answer 23

 a spouse seeking change, must prove a substantial change in circumstances. Factors considered death, remarriage, cohabitation, and retirement.

Question 24

Can spouse support be modified in the event of a voluntary change?

Answer 24

When once income is reduced by voluntary change, courts vary and made and adjustment or allow in good faith; courts can impute income if a spouse is voluntarily underemployed below earning capacity.

Question 25

Permanent alimony

Answer 25

An award for the remainder of the dependent spouse’s life. Typically only appropriate after long marriages. Primarily used when one spouse remained out of the workforce to take care of the home or children,

Question 26

Limited duration alimony

Answer 26

Typically awarded when the marriage was of short duration.

Question 27

Rehabilitative support

Answer 27

A limited period of time, such as until the spouse receives education or employment.

Question 28

Reimbursement Alimony

Answer 28

Compensates a spouse for financial sacrifices made during the marriage that resulted in a reduced standard of living in order to secure an enhanced standard of living in the future.