Ending a Marriage

Question 1

In what ways can marriage end?

Answer 1

1. Annulment
2. Divorce
3. Death

Question 2

What are void marriages for annulments?

Answer 2

1. Prior Existing Marriage
2. Incest
3. Mental Incapacity

Question 3

What are voidable marriages for annulments?

Answer 3

1. Age
2. Impotence (unless other party knew before marriage)
3. Intoxication
4. Fraud, misrepresentation, duress, coercion, or force
5. Lack of intent

Question 4

What is the putative marriage doctrine?

Answer 4

A doctrine that allows a spouse who is unaware of an impediment to marriage that makes it void or voidable to obtain equitable relief.

Question 5

Standard for No-fault divorce:

Answer 5

The marriage is irretrievably broken and no prospect of reconciliation.

Question 6

What are the grounds for fault divorce?

Answer 6

1) Cruelty
2) Bigamy (KNOWINGLY)
3) Habitual drunkenness
4) Adultery
5) Desertion
6) Imprisonment
7) Indignity

Question 7

Defenses to fault divorce

Answer 7

1) Recrimination/Unclean Hands
2) Connivance
3) Forgiveness of the misconduct
4) Consent
5) Justification

Question 8

Is mediation confidential?

Answer 8

yes, unless both parties consent to disclosure.

Question 9

Types of property distribution:

Answer 9

1) Community Property

2) Equitable distribution

Question 10

Community Property

Answer 10

• Marriage is a partnership

- That requires equal division of marital property.

Question 11

Exceptions to Marital Property

Answer 11

1) Property excluded by agreement
2) Property acquired before the marriage
3) Property acquired by gift or inheritance except if between spouses
4) Property that has been mortgaged or disposed of before separation
5) Award settlement or cause of action that accrued before marriage

Question 12

Factors in the distribution of marital property:

Answer 12

1) Length of marriage
2) Prior marriages
3) Age, health and earnings potential of the spouses
4) Contributions to education
5) Income
6) Medical needs
7) Contributions to increases in marital property including child rearing
8) Reduction in value of marital property by one spouse
9_) Standard of living
10) Custodianship of any children.

Question 13

Treatment of professional license or degree in distribution of assets

Answer 13

It is not an asset that can be distributed but it may be considered when determining earning power.

Question 14

Treatment of personal injury claims arising between date of marriage and separation:

Answer 14

1) Marital property; or,

2) Compensatory damages for pain, suffering, loss are separate.

Question 15

Accumulated sick and vacation days:

Answer 15

1) Marital property subject to division at time of dissolution
2) Marital property at time they’re earned
3) Not marital property

Question 16

Are social security assets distributable?

Answer 16

No.

Question 17

Is property acquired after separation but before formal divorce marital property?

Answer 17

Yes.