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Section 32.1

Section 32.1. Divorce and Its Legal Consequences . Chapter. 32. Section 32.1 Ending a Marriage Section 32.2 Divorce Settlement . 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).

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Section 32.1

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  1. Section 32.1

  2. Divorce and Its Legal Consequences Chapter 32 Section 32.1 Ending a Marriage Section 32.2 Divorce Settlement

  3. 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)

  4. 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)

  5. 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)

  6. Why It’s Important Learning about divorce laws will help you better deal with the process should you ever be involved in a divorce.

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

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

  9. Section Outline How Marriages End Legal Separation and Divorce Grounds for Divorce No-Fault Divorce Traditional Grounds for Divorce

  10. Section Outline Domicile and Residence Requirements Domicile Residence Requirements

  11. Pre-Learning Question What are different ways that a marriage ends?

  12. How Marriages End A marriage comes to an end in one of three ways: • The death of one of the parties • Annulment • Divorce

  13. 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.

  14. 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.

  15. Pre-Learning Question What is the difference between a legal separation and a divorce?

  16. 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.

  17. 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.

  18. Pre-Learning Question What are grounds for divorce?

  19. Grounds for Divorce The grounds for divorce vary among the states. There are two main options: • No-fault divorce, and • Traditional grounds for divorce.

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

  21. Traditional Grounds for Divorce Traditional grounds for divorce include: • Adultery • Cruelty • Desertion

  22. Traditional Grounds for Divorce • Alcoholism or drug addiction • Nonsupport • Conviction of a felony

  23. 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.

  24. 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.

  25. 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.

  26. 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.

  27. 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.

  28. 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).

  29. Tonya married Raymond when she was 14 because he convinced her she would be better off with him than at school.

  30. Tonya, now 16, wants to leave. What type of dissolution should she seek? Why?

  31. ANSWER Annulment; the marriage was void from the beginning.

  32. 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.

  33. What alternative should Gabriel discuss with his attorney? Why?

  34. 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.

  35. 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.

  36. What alternative should Kim discuss with her attorney?

  37. ANSWER Divorce; because they have irreconcilable differences.

  38. Pre-Learning Question How does domicile and residence affect divorce?

  39. 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.

  40. Domicile The person asking for the divorce must be domiciled within the geographic area over which the court has jurisdiction.

  41. 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.

  42. 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.

  43. Residence Requirements A residence is a place where you actually live, or reside. It may or may not be your domicile.

  44. Residence Requirements In addition to requiring that persons seeking divorces be domiciled in their jurisdiction, most states have particular residence requirements.

  45. Section 32.1Assessment Reviewing What You Learned • What is the difference between an annulment, a legal separation, and a divorce?

  46. Section 32.1Assessment 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.

  47. Section 32.1Assessment Reviewing What You Learned Answer Divorce—a declaration by the court that a valid marriage has come to an end.

  48. Section 32.1Assessment Reviewing What You Learned • Explain the general grounds for an annulment.

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

  50. Section 32.1Assessment Reviewing What You Learned • In legal terms, contrast a legal separation with a divorce.

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