! Ending a Marriage Flashcards
(80 cards)
1
Q
What are the three ways a valid marriage can be terminated?
A
Annulment, divorce, or death.
2
Q
Which court has jurisdiction over domestic relations matters in Virginia?
A
Circuit courts.
3
Q
What is the effect of an annulment?
A
It voids a marriage, declaring it as never valid.
4
Q
What are the two types of marriages involved in an annulment action?
A
Void and voidable marriages.
5
Q
What is a void marriage?
A
A marriage treated as if it never happened.
6
Q
What is the mnemonic to remember grounds for a void marriage?
A
BIN – Bigamy, Incest, and Nonage.
7
Q
What constitutes a bigamous marriage in Virginia?
A
If either party has a valid prior existing marriage at the time of the subsequent marriage.
8
Q
What is the ‘Enoch Arden’ defense in bigamy cases?
A
A defense if the party had a good faith belief that the previous spouse was dead.
9
Q
What is the presumption regarding the validity of a second marriage?
A
There is a rebuttable presumption that the second marriage is valid.
10
Q
What is the legal definition of incest in Virginia?
A
Marriage or sexual relations between people related within the prohibited degree of kinship.
11
Q
At what age can a person marry in Virginia?
A
After attaining the age of 18.
12
Q
What grounds can lead to a voidable marriage?
A
Fraud, duress, mental incapacity, intoxication, felony conviction, impotency, concealed parenthood, prostitution.
13
Q
What is required for annulment based on fraud?
A
Fraud must go to the essence of the marriage.
14
Q
Under what condition is a marriage voidable due to intoxication?
A
If either party was under the influence of drugs or alcohol at the time of marriage.
15
Q
What is the effect of a void marriage on spousal support?
A
No spousal support may be awarded.
16
Q
How are children viewed in the case of an annulled marriage?
A
They are considered marital children.
17
Q
What is a suit to affirm a marriage?
A
A legal action to question and confirm the validity of a marriage.
18
Q
What is a defense to a voidable marriage if cohabitation occurs after knowledge of grounds for annulment?
A
Cohabitation after Knowledge of Facts.
19
Q
What is a judicial separation in Virginia?
A
A partial divorce that legally separates spouses without terminating the marriage.
20
Q
What is a key difference between judicial separation and absolute divorce?
A
Judicial separation does not allow remarriage while absolute divorce does.
21
Q
What grounds are recognized for judicial separation?
A
Cruelty, reasonable apprehension of bodily injury, abandonment, and willful desertion.
22
Q
What constitutes cruelty in the context of judicial separation?
A
Acts that cause bodily harm or render cohabitation unsafe.
23
Q
What is a single act of cruelty in divorce cases?
A
An act that is so severe it endangers life or shows intention to do serious bodily harm.
24
Q
What constitutes cruelty in the context of divorce?
A
Angry words, coarse language, and humiliating insults causing mental suffering sufficient to injure health
Myers v. Myers, 6 S.E. 630 (Va. 1887)
25
What are the conditions under which a single act may amount to cruelty?
* Severe and atrocious enough to endanger life
* Intention to do serious bodily harm
* Causes reasonable apprehension of serious danger in the future
* Likely to be repeated
## Footnote
DeMott v. DeMott, 92 S.E.2d 342 (Va. 1956)
26
Give an example of a single act that constituted cruelty.
A husband shoots his wife in the back, paralyzing her from the waist down
## Footnote
Davis v. Davis, 377 S.E.2d 640 (Va. Ct. App. 1989)
27
Does forgiving past acts bar evidence of former acts of cruelty?
No, forgiveness does not bar evidence if the pattern has rendered cohabitation intolerable
## Footnote
Sollie v. Sollie, 120 S.E.2d 281 (Va. 1961)
28
What is required to prove abandonment or willful desertion?
Actual breaking off of cohabitation and intent to desert in the mind of the offender
## Footnote
Smith v. Smith, 116 S.E.2d 110 (Va. 1960)
29
If one spouse leaves due to cruelty, does this constitute willful desertion?
No, leaving due to cruelty does not constitute willful desertion
## Footnote
Fussell v. Fussell, 30 S.E.2d 555 (Va. 1944)
30
What is the focus of a suit for divorce on the ground of abandonment or willful desertion?
The intent to desert
## Footnote
Smith v. Smith, 116 S.E.2d 110 (Va. 1960)
31
Is there a required time period for desertion to be considered valid?
No definite time period is required for desertion to be valid
## Footnote
Miller v. Miller, 85 S.E.2d 221 (Va. 1955)
32
What is not a justification for leaving a spouse?
Proof of an actual breaking off of cohabitation combined with intent to desert
## Footnote
Stolfi v. Stolfi, 126 S.E.2d 923 (Va. 1962)
33
What constitutes the breaking off of cohabitation?
Excluding a spouse from the marital home
## Footnote
Tutwiler v. Tutwiler, 88 S.E. 86 (Va. 1916)
34
What is presumed once separation and intent to desert have been established?
Desertion is presumed to continue until the contrary is shown
## Footnote
Petachenko v. Petachenko, 350 S.E.2d 600 (Va. 1986)
35
Does joining the armed forces constitute desertion?
No, a spouse joining the armed services has not deserted the other spouse
## Footnote
Moltz v. Moltz, 30 S.E.2d 561 (Va. 1944)
36
Does mutual consent to separation constitute desertion?
No, separation by mutual consent is not desertion
## Footnote
Smith v. Smith, 116 S.E.2d 110 (Va. 1960)
37
What is required for a judicial separation decree to be revoked?
Submission of an order endorsed by both parties or counsel
## Footnote
Va. Code Ann. § 20-120
38
What grounds exist for absolute divorce in Virginia?
* Adultery
* Conviction of a felony
* Willful desertion
* Cruelty
* No-fault separation
## Footnote
Robertson v. Robertson, 211 S.E.2d 41 (Va. 1975)
39
What is adultery defined as?
Voluntary sexual intercourse with someone other than one’s spouse
## Footnote
Va. Code Ann. § 20-91(1)
40
How is adultery usually proven?
By circumstantial evidence that is clear and convincing
## Footnote
Coe v. Coe, 303 S.E.2d 923 (Va. 1983)
41
What is the requirement for proving cruelty as grounds for divorce?
Demonstrate a course of conduct harmful to the plaintiff’s physical or mental health
## Footnote
Va. Code Ann. § 20-91(6)
42
What is the no-fault ground for absolute divorce in Virginia?
Separation without cohabitation for one year or six months if there is a separation agreement
## Footnote
Va. Code Ann. § 20-91(A)(9)
43
What must a party intend at the beginning of the uninterrupted period to qualify for no-fault divorce?
To live separate and apart permanently
## Footnote
Hooker v. Hooker, 211 S.E.2d 34 (Va. 1975)
44
What type of divorce does not require fault grounds?
No-fault absolute divorce
## Footnote
Virginia Code Ann. § 20-91(9) allows for no-fault absolute divorce.
45
What must parties do to convert a fault divorce request into a no-fault divorce?
Petition the court without amending the bill of complaint or cross-bill
## Footnote
Virginia Code Ann. § 20-121.02 allows this conversion under certain conditions.
46
What are the conditions for submitting evidence supporting a no-fault divorce?
1. Resolved all issues by a written settlement agreement
2. No other issues to adjudicate
3. Adverse party properly served and failed to respond
## Footnote
Virginia Code Ann. § 20-106 outlines these conditions.
47
What is provocation in the context of divorce defenses?
Misconduct provoked by the moving party that can bar divorce based on cruelty
## Footnote
Graham v. Graham, 172 S.E.2d 724 (Va. 1970) discusses this defense.
48
What is res judicata?
A doctrine that prevents re-litigation of issues already adjudicated, except for no-fault absolute divorce
## Footnote
Virginia Code Ann. § 20-91(9)(a) applies here.
49
What is recrimination in divorce law?
When both spouses commit similar marital wrongs, barring the request for divorce
## Footnote
This defense does not apply to no-fault divorces.
50
What constitutes collusion in divorce proceedings?
When both spouses conspire to fabricate grounds for divorce
## Footnote
Collusion defenses have become less common with the adoption of no-fault grounds.
51
What is connivance in the context of divorce?
Consent to or participation in the marital wrong, such as adultery
## Footnote
A complete defense to adultery claims.
52
What is condonation in divorce law?
Forgiveness of a spouse for breach of marital duty, requiring full knowledge and forgiveness
## Footnote
Martin v. Martin, 184 S.E. 220 (Va. 1936) explains this defense.
53
What are statutory defenses to adultery, sodomy, or buggery?
1. Voluntary cohabitation after knowledge of the act
2. Act occurred more than five years before filing
3. Act committed by the procurement or connivance of the accusing party
## Footnote
Virginia Code Ann. § 20-94 details these defenses.
54
What is the objective of Virginia's equitable distribution system?
To order a fair distribution of all marital property, considering all circumstances
## Footnote
An equitable distribution is not necessarily equal.
55
What are the four steps in the equitable distribution process?
1. Determine ownership and worth of all property
2. Identify marital vs. separate property
3. Apply statutory factors for division
4. Award property and monetary awards
## Footnote
Virginia Code Ann. § 20-107.3 outlines the process.
56
What is marital property?
All property acquired during marriage that is not separate property
## Footnote
Presumed jointly owned unless otherwise indicated.
57
What qualifies as separate property in Virginia?
1. Property acquired by descent, bequest, or gift from non-spouse
2. Income from separate property
3. Property acquired before marriage
4. Property from sale of separate property
## Footnote
Virginia Code Ann. § 20-107.3(A)(1) defines separate property.
58
What is part-marital and part-separate property?
Property that is a mixture of both marital and separate property
## Footnote
It is subject to equitable distribution for the marital portion.
59
What is the burden of proof regarding the increase in value of separate property?
The non-owner spouse must prove contributions led to the increase
## Footnote
Virginia Code Ann. § 20-107.3(A)(3)(a) specifies this.
60
What are workers' compensation and personal injury awards classified as during marriage?
Marital property if accrued during marriage before separation
## Footnote
Virginia Code Ann. § 20-107.3(H) addresses this classification.
61
What is marital debt?
Debt incurred in joint names before permanent separation
## Footnote
Marital debt can be subject to equitable distribution.
62
What are the statutory factors in distributing marital property?
1. Contributions to family wellbeing
2. Contributions to marital property
3. Duration of marriage
4. Age and condition of parties
## Footnote
These factors guide equitable distribution decisions.
63
What factors does the court consider for equitable distribution of marital property?
* Monetary and nonmonetary contributions to family wellbeing
* Contributions to acquisition, care, and maintenance of marital property
* Duration of the marriage
* Age and physical/mental condition of the parties
* Circumstances contributing to marriage dissolution
* Acquisition timing of marital property
* Debts and liabilities of each spouse
* Liquid or non-liquid character of marital property
* Tax consequences to each party
* Use of marital property for non-marital purposes
* Any other factors deemed necessary by the court
64
True or False: Fault in the breakup of a marriage is always a factor in equitable distribution awards.
False
## Footnote
Fault must affect marital wealth to be considered
65
What is the significance of the date of evidentiary hearing in marital property valuation?
Generally, the court determines value as of the date of evidentiary hearing, but may use a different date if good cause is shown
66
What is goodwill in the context of marital property?
Goodwill is the increased value of a business due to the expectation of continued public patronage
67
Fill in the blank: Professional licenses and degrees are _____ considered marital property in Virginia.
not
68
What happens to separate property that is commingled with marital property?
It becomes marital property unless traceable by a preponderance of the evidence and not a gift
69
What is transmutation in marital property law?
Transmutation is the change of property from separate to marital through agreement
70
Are Social Security benefits subject to equitable distribution?
No
71
When can a Virginia court divide property from a foreign divorce decree?
If one party was domiciled in Virginia when the proceedings commenced or if the foreign court lacked personal jurisdiction over the Virginia domiciliary
72
What is the durational residency requirement for filing a matrimonial action in Virginia?
At least one spouse must be a bona fide resident of Virginia for a minimum of six months
73
What is the preferred venue for divorce suits in Virginia?
The county or city where the parties last cohabited or where the defendant resides
74
What is the divisible divorce doctrine?
A court may grant a divorce but lack jurisdiction over property division, alimony, or child support without personal jurisdiction over the other spouse
75
True or False: A court can grant spousal support if it lacks personal jurisdiction over the defendant.
False
76
What is the requirement for a court to grant a valid divorce under Virginia law?
The court must have both subject matter jurisdiction and personal jurisdiction over the parties
77
What is the status of an out-of-state divorce in Virginia?
Virginia gives full faith and credit to valid divorce decrees from other states, but property and support issues require personal jurisdiction
78
Fill in the blank: If a Virginia court lacks personal jurisdiction over the defendant, it can grant a divorce but cannot award _____ or divide property located outside of Virginia.
spousal or child support
79
What defines the character of commingled property?
It becomes marital unless retraceable by a preponderance of the evidence and not a gift
80
What are stock options acquired during marriage classified as?
Marital property
