Chapter 26 Divorce and Its Legal Consequences Business Law Chapter 26 Divorce and Its Legal Consequences

Ending a Marriage Annulment Legally the marriage never occurred Used in cases of Duress or Fraud Some examples: Being under age Concealing pregnancy by someone else Not intending or being unable to have children

Ending a Marriage Some Common Grounds for Divorce Breakdown of Marital Relationship (No-Fault) Adultery Physical or Mental Cruelty Desertion Alcoholism or drug addiction Non-support Felony Conviction Impotency

No-Fault Divorce Available in almost all states. Also called dissolution in some states. Rules vary by state. Some states require a separation agreement. Other states may require that a couple live apart for a period of time. (Judicial Separation) California doesn’t even require a court hearing if no children are involved and certain other criteria are met.

No-Fault Divorce Advantages One Party Does Not Have to Charge the Other Party Less Court Time Less Expensive Less Traumatic

No-Fault Some terminology: Irretrievable breakdown Irreconcilable differences Irremediable (incurable) breakdown Divorce on the grounds of incompatibility.

No-Fault Some states take a two-step approach Judicial Separation Absolute Divorce Some states require couples to go through some sort of counseling in the hope of reconciliation

Adultery Defined as a voluntary sexual relationship between a married person and someone other than their spouse. It is both a crime and grounds for divorce. For a divorce the proof can often be circumstantial. To be proved as a crime it must be proven beyond a shadow of a doubt.

Cruelty Before no-fault this was the most common grounds for divorce. Usually requires proof of acts of physical violence. Sometimes cruelty can be proven on mental suffering alone. Especially if there is a threat of violence.

Desertion Defined as a voluntary separation of one spouse from the other with the intent of not returning. Often there are time periods set by law to qualify.

Alcoholism or Drug Addiction Must prove abuse, not just use.

Nonsupport Originally just the wife could use this. Recently laws have been modify to allow use by either party. Must prove that the other party had the means to provide support and willfully elected not to do so.

Felony Conviction Laws vary by state. Most states include conviction of crimes that are infamous (disgraceful) or of moral turpitude (morally wrong) as grounds for divorce.

Residency Requirements People filing for divorce must do so where the courts have jurisdiction over them. The party filing for the divorce must be a resident where the case is filed.

Domicile A domicile is legally defined as the place where a person lives. Their domicile must be within the jurisdiction where they file for their divorce. Legally people do not give up a domicile until they establish another one. Under the old legal system a wife could not establish a separate domicile unless her husband committed some wrong.

Residence Requirements A residence is where someone actually lives. It can be different from one’s domicile. Example: If you return to live with your parents temporarily your domicile may remain with your spouse while your residence has changed.

Residence Requirements Most states have a residency requirement in addition to the domicile requirement. In other words you must actually live there for a period of time before you can file for divorce.

Out-of-State Divorces People would often go to another state to get a divorce. Often done because they didn’t qualify for a divorce in their home state. Residency times vary by state. Nevada was generally recognized as having the most liberal divorce laws and residency requirement. (6 Weeks)

Out-of-Country Divorces Some people would actually leave the country to get a divorce. These “Quickie Divorces” are not recognized by all states.

Marriage License Applications Waiting period Vary by state Some states have dropped the waiting period. Blood tests/Physical Exam Required by some states Used to test for diseases

Proxy Marriage Are done if one or both parties cannot be present at the ceremony. Must be done with the consent of the parties involved. Absent party is represented by an agent.

Use of Maiden Name By custom women traditionally took on their husband’s surname. Legally women may choose to continue to use their maiden name as long as they are not doing it to commit fraud.

Prohibited Marriages Marriages between relatives. Certain persons who are related by blood (consanguinity) or marriage (Affinity) are prohibited from marrying.

Prohibited Marriages Between Ancestor and Descendant Marriage between an Aunt or an Uncle and a Nephew or a Niece (Unless permitted by “aboriginal culture”)

Prohibited Marriages Bigamy Having two spouses at the same time Polygamy Having more than two spouses at the same time.

That’s all folks! Quiz on Friday