Section 32.1

Ending a Marriage Section 32.1

Understanding Business and Personal Law

Ending a Marriage Ending a Marriage Section 32.1Section 32.1

Divorce and Its Legal Consequences

Section 32.1Section 32.1Ending a Marriage Ending a Marriage

Section 32.2Section 32.2Divorce Settlement Divorce Settlement

3232ChapterChapter Divorce and Its Legal Divorce and Its Legal Consequences Consequences




What You’ll Learn

How to describe an annulment, a legal How to describe an annulment, a legal separation, and a divorce (p. 694)separation, and a divorce (p. 694)

How to list the general grounds for an How to list the general grounds for an annulment (p. 694)annulment (p. 694)




What You’ll Learn

How to contrast a legal separation with a How to contrast a legal separation with a divorce (p. 694)divorce (p. 694)

How to name and describe the most How to name and describe the most common grounds for divorce (p. 695)common grounds for divorce (p. 695)




What You’ll Learn

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




Why It’s Important

Learning about divorce laws will help you Learning about divorce laws will help you better deal with the process should you ever better deal with the process should you ever be involved in a divorce.be involved in a divorce.




Legal Terms

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




Legal Terms

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




How Marriages End Legal Separation and Divorce

Grounds for Divorce

Section OutlineSection Outline

No-Fault DivorceTraditional Grounds for Divorce




Domicile and Residence Requirements

DomicileResidence Requirements

Section OutlineSection Outline




Pre-Learning Question Pre-Learning Question

What are different ways that a marriage ends?




A marriage comes to an end in one of A marriage comes to an end in one of three ways:three ways:

How Marriages End How Marriages End

1.1. The death of one of the partiesThe death of one of the parties2.2. AnnulmentAnnulment3.3. DivorceDivorce




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





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






What is the difference between a legal separation and a divorce?




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

Legal Separation and Divorce Legal Separation and Divorce




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

Legal Separation and Divorce Legal Separation and Divorce





What are grounds for divorce?




The grounds for divorce vary among The grounds for divorce vary among the states. There are two main the states. There are two main options:options:

Grounds for Divorce Grounds for Divorce

No-fault divorce, andNo-fault divorce, andTraditional grounds for divorce. Traditional grounds for divorce.




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

No-Fault Divorce No-Fault Divorce




Traditional grounds for divorce Traditional grounds for divorce include:include:

Traditional Grounds for Divorce Traditional Grounds for Divorce

AdulteryAdulteryCrueltyCrueltyDesertionDesertion




Alcoholism or drug addictionAlcoholism or drug addictionNonsupportNonsupportConviction of a felonyConviction of a felony

Traditional Grounds for Divorce Traditional Grounds for Divorce




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

Adultery Adultery




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

Cruelty Cruelty




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

Desertion Desertion




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

Alcoholism or Drug Addiction Alcoholism or Drug Addiction




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

Nonsupport Nonsupport




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

Conviction of a Felony Conviction of a Felony




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




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




ANSWERANSWER

Annulment; the marriage was void from the beginning.




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




What alternative should Gabriel What alternative should Gabriel discuss with his attorney? Why? discuss with his attorney? Why?




ANSWERANSWER

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




What alternative should Kim discuss What alternative should Kim discuss with her attorney?with her attorney?




ANSWERANSWER

Divorce; because they have irreconcilable differences.





How does domicile and residence affect divorce?




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

Domicile and Residence Domicile and Residence Requirements Requirements




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

Domicile Domicile




A A domiciledomicile is your principal place of is your principal place of abode. abode.

It is the place to which, when you are It is the place to which, when you are absent, you have the intent of absent, you have the intent of returning. returning.

Domicile Domicile




A domicile cannot be abandoned or A domicile cannot be abandoned or surrendered until another domicile is surrendered until another domicile is acquired. acquired.

You may have several residences, but You may have several residences, but you can have only one domicile at any you can have only one domicile at any given time.given time.

Domicile Domicile




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

Residence Requirements Residence Requirements




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

Residence Requirements Residence Requirements




Reviewing What You Learned1. What is the difference between an

annulment, a legal separation, and a divorce?

Section 32.1 Assessment




Reviewing What You Learned

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.


Answer





Divorce—a declaration by the court that a valid marriage has come to an end.


Answer




Reviewing What You Learned2. Explain the general grounds for an

annulment.






Duress and fraud.


Answer




Reviewing What You Learned3. In legal terms, contrast a legal

separation with a divorce.






A legal separation is also called a limited divorce or a separation from bed and board. A divorce is called dissolution of marriage.


Answer





The legal separation resolves the issues of child custody and support, but the parties remain married until there is an absolute (final) divorce.


Answer




Reviewing What You Learned4. Describe the common grounds for

divorce?







Answer1)1) Adultery—voluntary sexual relationship Adultery—voluntary sexual relationship

involving a married person and involving a married person and someone other than his or her spouse.someone other than his or her spouse.






Answer2) Cruelty—actual personal violence that

endangers the life or health of a spouse and that makes living together unsafe or unbearable.






Answer3) Desertion—the unjustified separation of

one spouse from another, for a time set by law (normally one year) with the intent of not returning.






Answer4) Alcoholism or Drug Addiction—habitual

intoxication, either with alcohol or drugs. The habit must be confirmed, persistent, voluntary, and excessive.






Answer5) 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.






Answer6) 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 Learned5. How does distinguishing between

one’s residence and one’s domicile relate to a divorce proceeding?






A domicile is one’s principal place of living; the person asking for a divorce must be domiciled where the court is located.


Answer





Critical Thinking ActivityNo-Fault Divorce Why do you think most states have a no-fault divorce law?





Critical Thinking Activity AnswerNo-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 ActionDivorce LawSeveral 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 ActionDivorce LawWrite 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 AnswerDivorce LawLetters will vary.

Ending a Marriage End of Section 32.1

Section 32.1

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Transcript of Section 32.1