Ending a Marriage Section 32.1

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Section 32.1 Ending a Marriage Section 32.2 Divorce Settlement 32 Chapter Divorce and Its Legal Consequences

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences What You’ll 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)

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences What You’ll 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)

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences What You’ll Learn How to distinguish between one’s residence and one’s domicile and discuss what this means in a divorce proceeding (p. 699)

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Why It’s Important Learning about divorce laws will help you better deal with the process should you ever be involved in a divorce.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Legal Terms annulment (p. 694) legal separation (p. 694) divorce (p. 694) no-fault divorce (p. 695)

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Legal Terms adultery (p. 695) desertion (p. 698) domicile (p. 699) residence (p. 701)

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences How Marriages End Legal Separation and Divorce Grounds for Divorce Section Outline No-Fault Divorce Traditional Grounds for Divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Domicile and Residence Requirements Domicile Residence Requirements Section Outline

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Pre-Learning Question What are different ways that a marriage ends?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences A marriage comes to an end in one of three ways: How Marriages End 1.the death of one of the parties 2.annulment 3.divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. How Marriages End

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. How Marriages End

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Pre-Learning Question What is the difference between a legal separation and a divorce?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences A legal separation, also called a limited divorce or a separation from bed and board, is a court judgment ending the right to cohabitation. Legal Separation and Divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. Legal Separation and Divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Pre-Learning Question What are grounds for divorce?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences The grounds for divorce vary among the states. There are two main options: Grounds for Divorce No-fault divorce Traditional grounds for divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Almost all states have a no-fault divorce law, which eliminates the need to prove that one party is to blame. No-Fault Divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Traditional grounds for divorce include: Traditional Grounds for Divorce adulterycrueltydesertion

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences alcoholism or drug addiction nonsupport conviction of a felony Traditional Grounds for Divorce

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Having a voluntary sexual relationship with someone other than your spouse is called adultery. It is a crime is some states, in addition to being grounds for divorce. Adultery

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. Cruelty

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. Desertion

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Habitual intoxication, either with alcohol or drugs, is grounds for divorce in many states. The habit must be confirmed, persistent, voluntary, and excessive. Alcoholism or Drug Addiction

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. Nonsupport

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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). Conviction of a Felony

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Tonya married Raymond when she was 14 because he convinced her she would be better off with him than at school.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Tonya, now 16, wants to leave. What type of dissolution should she seek? Why?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences ANSWER Annulment; the marriage was void from the beginning.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences What alternative should Gabriel discuss with his attorney? Why?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences ANSWER 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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences What alternative should Kim discuss with her attorney?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences ANSWER Divorce; because they have irreconcilable differences.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Pre-Learning Question How does domicile and residence affect divorce?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences For a court to hear a case, it must have the authority, or jurisdiction. In a divorce case, the court’s jurisdiction is based on where the person seeking the divorce makes his or her home. Domicile and Residence Requirements

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences The person asking for the divorce must be domiciled within the geographic area over which the court has jurisdiction. Domicile

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences A domicile is your principal place of abode. It is the place to which, when you are absent, you have the intent of returning. Domicile

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. Domicile

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences A residence is a place where you actually live, or reside. It may or may not be your domicile. Residence Requirements

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences In addition to requiring that persons seeking divorces be domiciled in their jurisdiction, most states have particular residence requirements. Residence Requirements

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned 1. 1.What is the difference between an annulment, a legal separation, and a divorce? Section 32.1 Assessment

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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. Section 32.1 Assessment Answer

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Divorce—a declaration by the court that a valid marriage has come to an end. Section 32.1 Assessment Answer

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned 2. 2.Explain the general grounds for an annulment. Section 32.1 Assessment

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Duress and fraud. Section 32.1 Assessment Answer

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned 3. 3.In legal terms, contrast a legal separation with a divorce. Section 32.1 Assessment

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned A legal separation is also called a limited divorce or a separation from bed and board. A divorce is called dissolution of marriage. Section 32.1 Assessment Answer

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned The legal separation resolves the issues of child custody and support, but the parties remain married until there is an absolute (final) divorce. Section 32.1 Assessment Answer

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned 4. 4.Describe the common grounds for divorce? Section 32.1 Assessment

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Section 32.1 Assessment Answer 1)Adultery—voluntary sexual relationship involving a married person and someone other than his or her spouse.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Section 32.1 Assessment Answer 2) 2)Cruelty—actual personal violence that endangers the life or health of a spouse and that makes living together unsafe or unbearable.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Section 32.1 Assessment Answer 3) 3)Desertion—the unjustified, separation of one spouse from another, for a time set by law (normally one year) with the intent of not returning.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Section 32.1 Assessment Answer 4) 4)Alcoholism or Drug Addiction—habitual intoxication, either with alcohol or drugs. The habit must be confirmed, persistent, voluntary, and excessive.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Section 32.1 Assessment Answer 5) 5)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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned Section 32.1 Assessment Answer 6) 6)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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned 5. 5.How does distinguishing between one’s residence and one’s domicile relate to a divorce proceeding? Section 32.1 Assessment

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Reviewing What You Learned A domicile is one’s principle place of living; the person asking for a divorce must be domiciled where the court is located. Section 32.1 Assessment Answer

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Section 32.1 Assessment Critical Thinking Activity No-Fault Divorce Why do you think most states have a no- fault divorce law?

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences 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.

Understanding Business and Personal Law Ending a Marriage Section 32.1 Divorce and Its Legal Consequences Section 32.1 Assessment Legal Skills in Action Answer Divorce Law Letters will vary.

Ending a Marriage End of Section 32.1