1. Divorce Review

2. Defenses to Divorce Reconciliation – We agreed to divorce
but I offered to reconcile.
Recrimination – I did it, but so did she.
Condonation – I did it, but she forgave me.
Fault Era – bar to divorce
No-Fault Era – (2) & (3) are factors for adultery but not bar

3. Bar Exam Questions Andrew and Caroline 9/90 – married
7/95 – Andrew moved out
2/98 – Do either have grounds for divorce?

4. Caroline – Actual Desertion
Two Year Separation
Adultery (if opportunity and inclination can be proven)

5. Andrew - Two Year Separation
Voluntary? – no mutual agreement
Adultery? – no proof of opportunity and inclination
- recrimination?

6. Lancelot and Guinevere
1/91 - Guinevere left
G’s offer to reconcile rejected
1/92 - Does Lancelot have grounds for divorce?

7. Cruelty of Treatment / Excessively Vicious Conduct?
Pre-1998 – Limited Divorce
Post-1998 – Absolute
But single incident enough?
Actual Desertion?
No intent to end marriage/justified departure
Voluntary Separation? No mutual agrmt
4) Two Year Separation in 1/93

8. Marital Property
Part I

9. Historical Overview
Pre-1800’s: All property acquired during marriage = Husband
1800’s–1970’s: Common Law Rule = property distributed by TITLE
Modern Rule: Majority – Equitable Distribution
Minority – Community Property

10. Prob 4-1 H & W – married 10 years; decide to divorce Assets Title
Business H
Pension H
Home J
Car W
Car H
Bank Accts J
Mutual Fund W (by inheritance)

11. Issues 1st Issue: Classify marital/non-marital (separate) property
Definition: All property acquired by H & W during marriage except gifts or inheritance (or traceable to either)

12. Issues – cont’d 2nd Issue: What is value of marital property?
Assets Title Value
Business H $500 K
Pension H $100 K
Home J $200 K
Car W $ 25 K
Car H $ 25 K
Bank Accts J $ 50 K
Total: $900 K

13. Issues – cont’d 3rd Issue: How to divide/distribute marital property?
Options: Community Property (equal div. rule)
Title
(Alternative?)
Equitable Distribution

14. Prob 4-2
H & W own and are employed in mail order business and decide to divorce
Issue: How to Divide Business in Comm. Prop. Juris. Requiring Equal Div.?

15. Options H & W continue business after divorce
One spouse buys the other out after valuing business: value reduced because of loss of participation of one of the spouses (negotiated option – court can’t force sale)
Court orders sale of business without participation of either spouse –
sub-reduction in value