Divorce and its Legal Consequences

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Chapter 32

• Divorce and its Legal Consequences

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Ending a Marriage

• Death
• Annulment (never effective)
• Legal Separation and Divorce

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Grounds for Divorce p. 696
In Illinois No Fault Adultery Cruelty Desert
ion 1 year Alcoholism/Drug Addiction 2
years Impotency (annulment) Bigamy Separation
2 years Felony Conviction
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No-Fault

• Incompatibility
• Irreconcilable Differences
• Irretrievable Breakdown
• Dissolution (Uniform Marriage and Divorce Act)
• California less 5 years, no children, less
  10,000 no court
• New York must live apart for 1 year

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Adultery

• Crime in many states as well as grounds for
  divorce
• Proved by opportunity and inclination/tendency.

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Cruelty

• Must be actual personal violence that endangers
  life or health of spouse. Mental suffering and
  threats do count.

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Desertion

• Unjustified, voluntary separation

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Alcoholism/Drug Addiction

• Confirmed, persistent, voluntary, and excessive

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Nonsupport

• Must show that the party had the ability to
  provide economic support and willfully failed to
  do so.

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Conviction of a Felony
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Domicile and Residency

• Domicile a persons principal place of abode
  (home)
• Cannot be abandoned or surrendered until another
  is acquired.
• Members of the military are presumed to retain
  the domicile of their home state unless able to
  prove otherwise.
• Residence a place where a person actually lives
  or resides (may or may not be domicile)

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Out of State Divorce

• Sometimes people go out of state or out of the
  country for a quick divorce.

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Alimony

• An allowance made to a divorced person by his or
  her former spouse.
• Temporary alimony waiting for a divorce
• Alimony Pendente Lite alimony pending a lawsuit
  
• Amounts vary and alimony may be denied based on
  wealth
• Remarriage does not necessarily end alimony but
  death does.

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Marital Property

• Common Law any property brought into the
  marriage remains property of the spouse.
• Anything earned, inherited, or received as a gift
  remains property of that person who earned it.
• Nine Jurisdictions do not follow this known as
  community property jurisdiction.
• Arizona, California, Idaho, Louisiana, Nevada,
  New Mexico, Texas, Washington, and Puerto Rico.

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Equitable Distribution Laws

• Allow judges to distribute property fairly
  between husband and wife regardless of who has
  the title.

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Custody and Child Support

• Common Law Fathers had right to custody and
  expected to support them no custody, no support
  needed.
• Today Most fathers are required to contribute
  to support.

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Child Support Enforcement Program

• Provides for a federal and state parent locator
  service to assist in obtaining information of an
  absent parent.

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State Guidelines
p. 704
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Determining Welfare of Child

• Wishes of childs parents
• Wishes of child
• Relationships of child
• Childs adjustment to home, school, community
• Mental and Physical health

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Uniform Reciprocal Enforcement of Support Act

• A support of one state will be enforced in every
  state.