Divorce and It’s Legal Consequences Chapter 32.1 “Ending a Marriage”

How Marriages End Marriages come to and 1 of 3 ways Death of one of the spouses Widow/widower Annulment A declaration by the court that the marriage was never effective On the grounds of duress and fraud Divorce

Legal Separation and Divorce Legal separation- a court judgment ending the right to cohabitation Court will temporarily decide issues regarding child custody and support Spouse remain married until there is an absolute (final) divorce Divorce – a declaration by the court that a valid marriage has come to an end

Grounds for Divorce “no-fault divorce” Almost all states have this law, which eliminates the need to prove that one party is to blame Irreconcilable differences means that a couple has a personality conflict so deep that there is no chance for a reconciliation Many states require living apart for a specified period of time before divorce is allowed

Traditional Grounds Vary from state to state Adultery – having a voluntary sexual relationship with someone other than your spouse Cruelty – must show that there has been personal violence, mental suffering, damaged health Desertion – unjustified separation of one spouse from the other with no intent of coming back

Traditional Grounds Continued… Alcoholism or Drug Addiction – habitual intoxication, the abuse of not the mere use of them Nonsupport – must prove other spouse had the ability to provide economic support but willfully failed to do so Conviction of a Felony – either party is convicted of a felony, an disgraceful crime, or a crime of moral turpitude

Domicile and Residence Requirements Domicile – your principal place of abode Person asking for divorce must be domiciled within the geographic area over which the court has jurisdiction Residence – place where you actually live Requirements vary from state to state

POP QUIZ! Tonya married Ray when she was 14 because he convinced her she would be better off with him than in school. She is now 16 and wants to leave. What type of dissolution should she seek and why? ANSWER An annulment; the marriage was void to begin with.

POP QUIZ! 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 full divorce, he just wants to end his wife’s right to cohabitation at this point.

POP QUIZ!!! 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 and why? ANSWER: Divorce; because they have irreconcilable differences

Divorce Settlement Alimony – is an allowance for support and maintenance made to a divorced person by a former spouse Marital Property “Equitable distribution laws” Allows judges to distribute property fairly between spouses regardless of who owns it

Custody of Children Sole custody Joint custody Gives all parental rights, duties, and powers to one parent Joint custody Divides the rights, duties, and powers between the parents Must be approved by the court Can be made by agreement between the parties, by mediation, or by a judge A legal order for child support is necessary to assure enforcement of child support

Quick NYS Facts on Divorce Allows “at fault divorces” Cruel and inhuman treatment Abandonment Imprisonment for more than 3 years Adultery New as of 2010 – relationship has irretrievably broken down for at least 6 months Separation Spouse have not lived together for at least 1 yr Contested divorce – spouses don’t agree Uncontested divorce – no issues to resolve