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

How Marriages EndMarriages come to and 1 of 3

ways1. Death of one of the spouses

◦Widow/widower

2. Annulment◦A declaration by the court that the

marriage was never effective◦On the grounds of duress and fraud

3. Divorce

Legal Separation and DivorceLegal 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) divorceDivorce – 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 GroundsVary from state to stateAdultery – 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 RequirementsDomicile – 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?

ANSWERAn 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 SettlementAlimony – 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 ChildrenSole custody

◦Gives all parental rights, duties, and powers to one parent

Joint custody◦Divides the rights, duties, and powers between

the parentsMust be approved by the courtCan be made by agreement between the

parties, by mediation, or by a judgeA legal order for child support is necessary

to assure enforcement of child support

Quick NYS Facts on DivorceAllows “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 monthsSeparation

◦Spouse have not lived together for at least 1 yrContested divorce – spouses don’t agreeUncontested divorce – no issues to resolve