Section 32.1

Divorce and Its Legal Consequences Chapter 32 Section 32.1 Ending a Marriage Section 32.2 Divorce Settlement

What You’ll Learn How to describe an annulment, a legal separation, and a divorce (p. 694) How to list the general grounds for an annulment (p. 694)

What You’ll Learn How to contrast a legal separation with a divorce (p. 694) How to name and describe the most common grounds for divorce (p. 695)

What You’ll Learn How to distinguish between one’s residence and one’s domicile and discuss what this means in a divorce proceeding (p. 699)

Why It’s Important Learning about divorce laws will help you better deal with the process should you ever be involved in a divorce.

Legal Terms annulment (p. 694) legal separation (p. 694) divorce (p. 694) no-fault divorce (p. 695)

Legal Terms adultery (p. 695) desertion (p. 698) domicile (p. 699) residence (p. 701)

Section Outline How Marriages End Legal Separation and Divorce   Legal Separation and Divorce Grounds for Divorce No-Fault Divorce Traditional Grounds for Divorce

Section Outline Domicile and Residence Requirements Domicile

Pre-Learning Question What are different ways that a marriage ends?

How Marriages End A marriage comes to an end in one of three ways: The death of one of the parties Annulment Divorce

How Marriages End An annulment is a declaration by the court that the marriage was never effective; it was void from the beginning. Generally, marriages can be annulled on the grounds of duress and fraud.

How Marriages End When someone is forced to marry against his or her will, it is considered duress. When a person is persuaded to marry by misrepresentation, it is fraud.

Pre-Learning Question What is the difference between a legal separation and a divorce?

Legal Separation and Divorce A legal separation, also called a limited divorce or a separation from bed and board, is a court judgment ending the right to cohabitation.

Legal Separation and Divorce In contrast, a divorce (called dissolution of marriage in some states) is a declaration by the court that a valid marriage has come to an end.

Pre-Learning Question What are grounds for divorce?

Grounds for Divorce The grounds for divorce vary among the states. There are two main options: No-fault divorce, and Traditional grounds for divorce.

No-Fault Divorce Almost all states have a no-fault divorce law, which eliminates the need to prove that one party is to blame.

Traditional Grounds for Divorce Traditional grounds for divorce include: Adultery Cruelty Desertion

Traditional Grounds for Divorce Alcoholism or drug addiction Nonsupport Conviction of a felony

Adultery Having a voluntary sexual relationship with someone other than your spouse is called adultery. It is a crime in some states, in addition to being grounds for divorce.

Cruelty Generally, to prove cruelty, you must show that there has been personal violence that endangers your life or health and that makes living together unsafe or unbearable.

Desertion The unjustified separation of one spouse from the other with the intent of not returning, for a time set by law (normally one year) is called desertion.

Alcoholism or Drug Addiction Habitual intoxication, either with alcohol or drugs, is grounds for divorce in many states. The habit must be confirmed, persistent, voluntary, and excessive.

Nonsupport To seek a divorce for nonsupport, you must show that your spouse had the ability to provide economic support but willfully failed to do so.

Conviction of a Felony Many states allow a divorce if either party is convicted of a felony, an infamous (disgraceful) crime, or a crime of moral turpitude (one that is morally wrong).

Tonya married Raymond when she was 14 because he convinced her she would be better off with him than at school.

Tonya, now 16, wants to leave. What type of dissolution should she seek? Why?

ANSWER Annulment; the marriage was void from the beginning.

Gabriel wants Julia to move out because he feels her problems with alcohol are affecting their children, although he says he doesn’t want a divorce.

What alternative should Gabriel discuss with his attorney? Why?

ANSWER A legal separation; because he doesn’t want a final divorce, he just wants to end his wife’s right to cohabitation at this point.

Kim feels that Len has been mentally cruel to her for years, and even if they resolve their differences, she feels she could never be reconciled to him again.

What alternative should Kim discuss with her attorney?

ANSWER Divorce; because they have irreconcilable differences.

Pre-Learning Question How does domicile and residence affect divorce?

Domicile and Residence Requirements For a court to hear a case, it must have the authority, or jurisdiction. In a divorce case, the court’s jurisdiction is based on where the person seeking the divorce makes his or her home.

Domicile The person asking for the divorce must be domiciled within the geographic area over which the court has jurisdiction.

Domicile A domicile is your principal place of abode. It is the place to which, when you are absent, you have the intent of returning.

Domicile A domicile cannot be abandoned or surrendered until another domicile is acquired. You may have several residences, but you can have only one domicile at any given time.

Residence Requirements A residence is a place where you actually live, or reside. It may or may not be your domicile.

Residence Requirements In addition to requiring that persons seeking divorces be domiciled in their jurisdiction, most states have particular residence requirements.

Reviewing What You Learned Section 32.1 Assessment Reviewing What You Learned What is the difference between an annulment, a legal separation, and a divorce?

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Annulment—a declaration by the court that the marriage was never effective; it was void from the beginning. Legal separation—a court judgment ending the right to cohabit.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Divorce—a declaration by the court that a valid marriage has come to an end.

Reviewing What You Learned Section 32.1 Assessment Reviewing What You Learned Explain the general grounds for an annulment.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Duress and fraud.

Reviewing What You Learned Section 32.1 Assessment Reviewing What You Learned In legal terms, contrast a legal separation with a divorce.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer A legal separation is also called a limited divorce or a separation from bed and board. A divorce is called dissolution of marriage.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer The legal separation resolves the issues of child custody and support, but the parties remain married until there is an absolute (final) divorce.

Reviewing What You Learned Describe the common grounds for divorce? Section 32.1 Assessment Reviewing What You Learned Describe the common grounds for divorce?

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Adultery—voluntary sexual relationship involving a married person and someone other than his or her spouse.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Cruelty—actual personal violence that endangers the life or health of a spouse and that makes living together unsafe or unbearable.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Desertion—the unjustified separation of one spouse from another, for a time set by law (normally one year) with the intent of not returning.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Alcoholism or Drug Addiction—habitual intoxication, either with alcohol or drugs. The habit must be confirmed, persistent, voluntary, and excessive.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Nonsupport—a spouse seeking divorce for nonsupport must show that the other spouse had the ability to provide economic support and willfully failed to do so.

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer Conviction of a felony—many states allow a divorce if either party is convicted of a felony, an infamous crime, or a crime of moral turpitude.

Reviewing What You Learned Section 32.1 Assessment Reviewing What You Learned How does distinguishing between one’s residence and one’s domicile relate to a divorce proceeding?

Reviewing What You Learned Answer Section 32.1 Assessment Reviewing What You Learned Answer A domicile is one’s principal place of living; the person asking for a divorce must be domiciled where the court is located.

Critical Thinking Activity No-Fault Divorce Section 32.1 Assessment Critical Thinking Activity No-Fault Divorce Why do you think most states have a no-fault divorce law?

Critical Thinking Activity Answer No-Fault Divorce Section 32.1 Assessment Critical Thinking Activity Answer No-Fault Divorce Answers will vary, but could recognize that a no-fault divorce eliminates the need to prove that one party is to blame.

Legal Skills in Action Divorce Law Section 32.1 Assessment Legal Skills in Action Divorce Law Several top lawyers from around the country have been debating the current divorce laws. Imagine you have a chance to add to their discussion.

Legal Skills in Action Divorce Law Section 32.1 Assessment Legal Skills in Action Divorce Law Write a letter to the lawyers explaining what you would like to see changed about the current divorce laws in this country.

Legal Skills in Action Answer Section 32.1 Assessment Legal Skills in Action Answer Divorce Law Letters will vary.

End of Section 32.1