Divorce and the law of contracts Ms. Tallman Chapter 12.2

Nullifying the marriage contract HOW DO MARRIAGE CONTRACTS END? Annulment – a legal procedure for declaring that a voidable marriage is null and void Voidable marriage – A problem that existed from beginning of the supposed union LIKE WHAT? Void marriage – one that is considered invalid from the beginning – seek a declaration of nullity LIKE WHAT? A person who knowingly marries a second spouse while still married to the first is called a bigamist

Terminating the Marriage Contract Divorce & dissolution – court actions that end the marriage and divide the property and remaining responsibilities between the parties Since 1990 the divorce rate has declined by 25%......but so has the number of marriages

No-Fault Divorces The requesting spouse does not have to list a grievance WHAT ARE COMMON GRIEVANCES? The dissolution is granted after testimony that there is no chance of repairing the marriage relationship “irreconcilable differences” Usually takes 6 months for it to be final Some states require meeting with a counselor

Divorce Procedure SEPARATION – the first step towards divorce Maintain separate living quarters but their marital rights and obligations remain intact Separation agreement – legal document containing terms covering child custody, child support, alimony, property division May become basis for final divorce decree COUNSELING – May be required before finalizing divorce

Divorce Procedure RESOLUTION OF ISSUES Division of property Common law states – property brought in by either spouse will remain that spouse’s property and anything earned, inherited, or received during the marriage will remain as property of the spouse who received it Community property states – all property (except gifts and inheritance) acquired during the marriage is divided between spouses Regardless, judges attempt to distribute property fairly and take conduct, earning power, contributions of each spouse into consideration

Divorce Procedure RESOLUTION OF ISSUES Child Custody and Support Welfare of child is the most important consideration in determining custody Uniform Marriage and Divorce Act: Parent’s wishes Child’s wishes Child’s relationship with parents, siblings, and others who may affect the child’s best interest Child’s adjustment to home, school, and community Physical and mental health of all persons concerned

Divorce Procedure RESOLUTION OF ISSUES Child Custody and Support cont’d Joint custody – custody is shared and both parents usually remain more interested and involved Child support – monetary payment by a parent to provide a dependent child with appropriate economic maintenance What are some issues that may come up once custody is decided?

Divorce Procedure RESOLUTION OF ISSUES Alimony Support paid by one of the marital partners to the other during separation and after divorce Regular intervals or lump sum NOT intended to penalize the person ordered to pay it Factors considered: income of both spouses, financial resources, earnings outlook, current debts, number of dependents, number of former or subsequent spouses

Divorce Procedure ISSUANCE OF DECREE OF DISSOLUTION OF MARRIAGE Form of court order Officially declares the the marriage is over Also makes final and legally binding the terms of the resolution of the issues that have been developed or needed to be considered in the divorce decree