Transcript Ending a Marriage Section 32.1

Section 32.1
Ending a Marriage
Divorce
and
Its
Legal
Section
32.1
Ending
a
Marriage
Chapter 32
Consequences
Section 32.1
Ending a Marriage
Section 32.2
Divorce Settlement
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Legal Terms
annulment (p. 694)
legal separation (p. 694)
divorce (p. 694)
no-fault divorce (p. 695)
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Legal Terms
adultery (p. 695)
desertion (p. 698)
domicile (p. 699)
residence (p. 701)
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section Outline
How Marriages End
Legal Separation and Divorce
Grounds for Divorce
No-Fault Divorce
Traditional Grounds for Divorce
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section Outline
Domicile and Residence
Requirements
Domicile
Residence Requirements
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Pre-Learning Question
What are different ways that a
marriage ends?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Pre-Learning Question
What is the difference between a legal
separation and a divorce?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Pre-Learning Question
What are grounds for divorce?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Grounds for Divorce
The grounds for divorce vary among
the states. There are two main
options:
No-fault divorce, and
Traditional grounds for divorce.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
No-Fault Divorce
Almost all states have a no-fault
divorce law, which eliminates the
need to prove that one party is to
blame.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Traditional Grounds for Divorce
Traditional grounds for divorce
include:
Adultery
Cruelty
Desertion
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Traditional Grounds for Divorce
Alcoholism or drug addiction
Nonsupport
Conviction of a felony
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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).
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Tonya, now 16, wants to leave. What
type of dissolution should she seek?
Why?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
ANSWER
Annulment; the marriage was void
from the beginning.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
What alternative should Gabriel
discuss with his attorney? Why?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
What alternative should Kim discuss
with her attorney?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
ANSWER
Divorce; because they have
irreconcilable differences.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Pre-Learning Question
How does domicile and residence
affect divorce?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Domicile and Residence
Requirements
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Domicile
The person asking for the divorce
must be domiciled within the
geographic area over which the court
has jurisdiction.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Residence Requirements
A residence is a place where you
actually live, or reside. It may or may
not be your domicile.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Residence Requirements
In addition to requiring that persons
seeking divorces be domiciled in their
jurisdiction, most states have
particular residence requirements.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
1. What is the difference between an
annulment, a legal separation, and
a divorce?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
Divorce—a declaration by the court that a
valid marriage has come to an end.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
2. Explain the general grounds for an
annulment.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
Duress and fraud.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
3. In legal terms, contrast a legal
separation with a divorce.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
4. Describe the common grounds for
divorce?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
1) Adultery—voluntary sexual relationship
involving a married person and
someone other than his or her spouse.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
5. How does distinguishing between
one’s residence and one’s domicile
relate to a divorce proceeding?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Reviewing What You Learned
Answer
A domicile is one’s principal place of living;
the person asking for a divorce must be
domiciled where the court is located.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Critical Thinking Activity
No-Fault Divorce
Why do you think most states have a nofault divorce law?
Understanding Business and Personal Law
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
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
Divorce and Its Legal Consequences
Section 32.1 Ending a Marriage
Section 32.1 Assessment
Legal Skills in Action Answer
Divorce Law
Letters will vary.
Understanding Business and Personal Law
Divorce and Its Legal Consequences
End of Section 32.1
Ending a Marriage