Ending a marriage- Absolute divorce Flashcards
What are the two kinds of absolute divorce ?
1) Fault based
2) no fault
What are the 4 fault grounds for fault divorce ?
1) Adultery
2) Conviction of felony
3) Willful desperation
4) Cruelty
If there are ground for both fault and no fault divorce
The grounds upon which the divorce will be granted is in the discretion of the circuit court
Adultery
Sexual relations with someone other than your spouse.
Standard is clear and convincing evidence.
If there are ground for both fault and no fault divorce
The grounds upon which the divorce will be granted is in the discretion of the circuit court
Does adultery have a waiting period ?
No
Conviction of Felony
After getting married that results in confinement for a year unless cohabitation resumes after knowledge confinement
is there a waiting period for adultery ?
No
Cruelty
Waiting period of a year from date of act
Willful desertion
(preponderance of the evidence)
Waiting period of a year
If there are ground for both fault and no fault divorce
The grounds upon which the divorce will be granted is in the discretion of the circuit court
Grounds for no fault divorce
Living separate for 1 year. (6 moths if separation agreement and no minor kids)
Does need not to occur before the filing of the complaint. However, divorce cannot be entered until 1 yer period has lapsed
Defense to divorce
1) Provocation
2) Res judication
3) When both spouses are at fault
4) Collusion
5) Consent to martial wrong
6) Forgiveness of martial wrong when full knowledge of martial wrong is known
Statutory defense for adultery
1) Cohabitation after knowledge of adultery
2) Adultery occurred 5 years before filing of divorce
If there are ground for both fault and no fault divorce
The grounds upon which the divorce will be granted is in the discretion of the circuit court
