Legal Aspects of Divorce Chapter 12-2 Legal Aspects of Divorce

Ending Marriages Legally Annulment: Ends many marriages. It cancels a marriage because of a problem that existed from the beginning of the marriage. There is a time frame to annul a marriage (within a year?) Problems such as refusal to have children or fraudulent grounds for the marriage contract may produce a voidable marriage. Fraudulent grounds may include either spouse lying to the other as to wealth, condition of pregnancy, freedom of disease, willingness to have a child, etc.

Examples of voidable marriages Bigamist: A person knowingly marries a second spouse while still married to the first. It is a crime A marriage based on incestuous relationship (a marriage between close relatives)

Marriage Ended by Divorce Divorce: The method usually used to end a marriage. Many states call the termination of a marriage dissolution.

No-Fault Divorce The requesting spouse of the divorce does not have to list a grievance, such as adultery, desertion, or cruelty, against the other. Instead, the court recognizes the right of either spouse to terminate a marriage unilaterally or of both spouses to end the marriage by mutual agreement. No-fault divorce (or dissolution) may be initiated by either spouse. The divorce is granted after testimony that there is no chance of repairing the marriage. “Irreconcilable differences” Must wait about six months until proceedings are final. Some states require marriage counseling before a no-fault divorce proceeding.

State Divorce Laws In some states, the first step toward divorce is separation. Spouses maintain separate living quarters, but their marital rights and obligations remain intact. Attorney must initiate separation agreement. The agreement contains terms covering such items as child custody, child support, alimony, property division, etc.

Issues to be Resolved in a Divorce I. Division of Property: Prenup? In most states, the property brought into a marriage by a spouse will remain that spouse’s property should the marriage end. The couple can agree on how to separate the property.

Continued II. Child Custody and Support: Child custody is concerned with the division of the physical and other care and control responsibilities for a child. The child’s welfare is most important! Many couples are awarded joint custody- responsibility of raising the child is shared. Child support- the monetary payment by a parent to provide a dependent child with appropriate economic maintenance… food, clothing, shelter, etc.

Continued III. Alimony The support paid by the wage earner of the family to the other spouse. The amount to be paid is set by the court.