ending marriage

Question 1

what is annulment

Answer 1

voids the marriage, declaring it to have never been valid

Question 2

what are the three instances that create a void marriage?

Answer 2

bigamy

incest

nonage

Question 3

what is a defense to bigamy?

Answer 3

good faith belief last spouse was dead/gone 7 years

Question 4

when does VA not consider it to be incest?

Answer 4

first cousins

Question 5

what is the result of a void marriage?

Answer 5

no equitable distribution

no spousal support

Question 6

what is a voidable marriage?

Answer 6

valid until judicial decree dissolves it

Question 7

examples of voidable marriage

Answer 7

fraud, duress, incapacity, intoxication, felony conviction, concealed parent, prostitute

Question 8

defenses to voidable marriages?

Answer 8

cohabitation after you find out

Question 9

what is judicial separation?

Answer 9

divorce from bed and board

Question 10

consequences of judicial separation?

Answer 10

cant remarry

no property division

may get spousal support

Question 11

grounds for judicial separation?

Answer 11

cruelty and reasonably apprehension of bodily injury

abandonment/willful deserter

Question 12

how would judicial separation convert into absolute divorce?

Answer 12

discovering the grounds for absolute divorce

lapse of time of 1 year

Question 13

what is absolute divorce

Answer 13

complete legal dissolution of marriage granted by court

Question 14

what are the two types of absolute divorce

Answer 14

fault

no fault

Question 15

fault based divorce examples

Answer 15

adultery

felony conviction

cruelty

willfull deserter

Question 16

no fault divorce

Answer 16

living separate and apart for 1 year

if separation agreement + no kids, separate and apart 6 months

Question 17

what if the couple has sex during the 1 year period?

Answer 17

does not restart w/o intent to cohabitate

Question 18

what does court have if theres multiple grounds for divorce exist?

Answer 18

court discretion

Question 19

what if grounds for fault divorce, but while the suit is pending, grounds for a no fault divorce is satisfied?

Answer 19

either party may petition court for no fault divorce

even w/o seeking leave to amend

Question 20

what are the steps to equitable distribution

Answer 20

determine ownership of property

marital or separate

statutory factors to divide

after divide of property, potentially award monetary award

Question 21

equitable distribution

Answer 21

fair distribution of martial property

NOT equal

Question 22

what is marital property

Answer 22

property acquired during marriage NOT a gift/bequest

property titled in both names

Question 23

what is separate property?

Answer 23

everything acquired before marriage

gift or inheritance

passive income + increase in value of separate property

Question 24

defenses to divorce

Answer 24

provocation

both spouses committed the wrong

consent or encouragement

forgiving after full knowledge

Question 25

what about retirement benefits earned during marriage?

Answer 25

marital

Question 26

works comp or PI awards towards lost wages or medical expenses?

Answer 26

marital

Question 27

stock options acquired during marriage?

Answer 27

marital

Question 28

good will of the company?

Answer 28

marital

Question 29

social security benefits?

Answer 29

separate

Question 30

licenses and degrees?

Answer 30

separate

Question 31

what is marital debt? how is it distributed?

Answer 31

debt incurred in joint names of parties AND in either party name after marriage before separation subject to equitable distribution

Question 32

can a party show the debt was for a non-marital purpose?

Answer 32

yes preponderance of EV

Question 33

separate debt

Answer 33

incurred before marriage and after separation no martial purpose

Question 34

what happens if court does not consider all statutory factors when distributing?

Answer 34

award is invalid

Question 35

any tax consequences?

Answer 35

very little impact transferred basis

Question 36

when is value of marital property determined?

Answer 36

date of evidentiary hearing

Question 37

can you use a different evidentiary date?

Answer 37

yes with good cause

Question 38

what if separate property increases due to personal efforts and labor?

Answer 38

increase in value is marital property

Question 39

what about jointly shared martial property?

Answer 39

court may order transfer to one party, permit a buyout, assume a mtg, or order sale