Ending a Marriage

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Section 32.1
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Divorce and Its Legal Consequences
Chapter
32
Section 32.1 Ending a Marriage Section
32.2 Divorce Settlement
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What Youll Learn

• How to describe an annulment, a legal separation,
  and a divorce (p. 694)
• How to list the general grounds for an annulment
  (p. 694)

4
What Youll Learn

• How to contrast a legal separation with a divorce
  (p. 694)
• How to name and describe the most common grounds
  for divorce (p. 695)

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What Youll Learn

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

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Why Its Important
Learning about divorce laws will help you better
deal with the process should you ever be involved
in a divorce.
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Legal Terms

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

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Legal Terms

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

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Section Outline
How Marriages End   Legal Separation and
Divorce Grounds for Divorce
No-Fault Divorce Traditional Grounds for Divorce
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Section Outline
Domicile and Residence Requirements
Domicile Residence Requirements
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Pre-Learning Question
What are different ways that a marriage ends?
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How Marriages End
A marriage comes to an end in one of three ways

1. The death of one of the parties
2. Annulment
3. Divorce

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

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

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Pre-Learning Question
What is the difference between a legal separation
and a divorce?
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Legal Separation and Divorce
A legal separation, also called a limited divorce
or a separation from bed and board, is a court
judgment ending the right to cohabitation.
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Legal Separation and Divorce
In contrast, a divorce (called dissolution of
marriage in some states) is a declaration by the
court that a valid marriage has come to an end.
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Pre-Learning Question
What are grounds for divorce?
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Grounds for Divorce
The grounds for divorce vary among the states.
There are two main options

• No-fault divorce, and
• Traditional grounds for divorce.

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No-Fault Divorce
Almost all states have a no-fault divorce law,
which eliminates the need to prove that one party
is to blame.
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Traditional Grounds for Divorce
Traditional grounds for divorce include

• Adultery
• Cruelty
• Desertion

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Traditional Grounds for Divorce

• Alcoholism or drug addiction
• Nonsupport
• Conviction of a felony

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Adultery
Having a voluntary sexual relationship with
someone other than your spouse is called
adultery. It is a crime in some states, in
addition to being grounds for divorce.
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Cruelty
Generally, to prove cruelty, you must show that
there has been personal violence that endangers
your life or health and that makes living
together unsafe or unbearable.
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Desertion
The unjustified separation of one spouse from the
other with the intent of not returning, for a
time set by law (normally one year) is called
desertion.
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Alcoholism or Drug Addiction
Habitual intoxication, either with alcohol or
drugs, is grounds for divorce in many states. The
habit must be confirmed, persistent, voluntary,
and excessive.
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Nonsupport
To seek a divorce for nonsupport, you must show
that your spouse had the ability to provide
economic support but willfully failed to do so.
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Conviction of a Felony
Many states allow a divorce if either party is
convicted of a felony, an infamous (disgraceful)
crime, or a crime of moral turpitude (one that is
morally wrong).
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Tonya married Raymond when she was 14 because he
convinced her she would be better off with him
than at school.
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Tonya, now 16, wants to leave. What type of
dissolution should she seek? Why?
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ANSWER
Annulment the marriage was void from the
beginning.
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Gabriel wants Julia to move out because he feels
her problems with alcohol are affecting their
children, although he says he doesnt want a
divorce.
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What alternative should Gabriel discuss with his
attorney? Why?
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ANSWER
A legal separation because he doesnt want a
final divorce, he just wants to end his wifes
right to cohabitation at this point.
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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.
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What alternative should Kim discuss with her
attorney?
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ANSWER
Divorce because they have irreconcilable
differences.
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Pre-Learning Question
How does domicile and residence affect divorce?
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Domicile and Residence Requirements
For a court to hear a case, it must have the
authority, or jurisdiction. In a divorce case,
the courts jurisdiction is based on where the
person seeking the divorce makes his or her home.
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Domicile
The person asking for the divorce must be
domiciled within the geographic area over which
the court has jurisdiction.
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Domicile
A domicile is your principal place of abode. It
is the place to which, when you are absent, you
have the intent of returning.
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Domicile
A domicile cannot be abandoned or surrendered
until another domicile is acquired. You may
have several residences, but you can have only
one domicile at any given time.
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Residence Requirements
A residence is a place where you actually live,
or reside. It may or may not be your domicile.
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Residence Requirements
In addition to requiring that persons seeking
divorces be domiciled in their jurisdiction, most
states have particular residence requirements.
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Section 32.1 Assessment
Reviewing What You Learned

1. What is the difference between an annulment, a
   legal separation, and a divorce?

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Section 32.1 Assessment
Reviewing What You Learned
Answer
Annulmenta declaration by the court that the
marriage was never effective it was void from
the beginning. Legal separationa court judgment
ending the right to cohabit.
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Section 32.1 Assessment
Reviewing What You Learned
Answer
Divorcea declaration by the court that a valid
marriage has come to an end.
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Section 32.1 Assessment
Reviewing What You Learned

1. Explain the general grounds for an annulment.

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Section 32.1 Assessment
Reviewing What You Learned
Answer
Duress and fraud.
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Section 32.1 Assessment
Reviewing What You Learned

1. In legal terms, contrast a legal separation with
   a divorce.

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Section 32.1 Assessment
Reviewing What You Learned
Answer
A legal separation is also called a limited
divorce or a separation from bed and board. A
divorce is called dissolution of marriage.
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Section 32.1 Assessment
Reviewing What You Learned
Answer
The legal separation resolves the issues of child
custody and support, but the parties remain
married until there is an absolute (final)
divorce.
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Section 32.1 Assessment
Reviewing What You Learned

1. Describe the common grounds for divorce?

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Section 32.1 Assessment
Reviewing What You Learned
Answer

1. Adulteryvoluntary sexual relationship involving
   a married person and someone other than his or
   her spouse.

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Section 32.1 Assessment
Reviewing What You Learned
Answer

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

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Section 32.1 Assessment
Reviewing What You Learned
Answer

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

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Section 32.1 Assessment
Reviewing What You Learned
Answer

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

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Section 32.1 Assessment
Reviewing What You Learned
Answer

1. Nonsupporta spouse seeking divorce for
   nonsupport must show that the other spouse had
   the ability to provide economic support and
   willfully failed to do so.

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Section 32.1 Assessment
Reviewing What You Learned
Answer

1. Conviction of a felonymany states allow a
   divorce if either party is convicted of a felony,
   an infamous crime, or a crime of moral turpitude.

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Section 32.1 Assessment
Reviewing What You Learned

1. How does distinguishing between ones residence
   and ones domicile relate to a divorce proceeding?

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Section 32.1 Assessment
Reviewing What You Learned
Answer
A domicile is ones principal place of living
the person asking for a divorce must be domiciled
where the court is located.
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Section 32.1 Assessment
Critical Thinking Activity No-Fault Divorce
Why do you think most states have a no-fault
divorce law?
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Section 32.1 Assessment
Critical Thinking Activity Answer No-Fault
Divorce
Answers will vary, but could recognize that a
no-fault divorce eliminates the need to prove
that one party is to blame.
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Section 32.1 Assessment
Legal Skills in Action Divorce Law
Several top lawyers from around the country have
been debating the current divorce laws. Imagine
you have a chance to add to their discussion.
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Section 32.1 Assessment
Legal Skills in Action Divorce Law
Write a letter to the lawyers explaining what you
would like to see changed about the current
divorce laws in this country.
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Section 32.1 Assessment
Legal Skills in Action Answer Divorce Law
Letters will vary.
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End of Section 32.1