business law chapter 26 divorce and its legal consequences
TRANSCRIPT
Business Law
Chapter 26Chapter 26
Divorce and Its Legal ConsequencesDivorce and Its Legal Consequences
Ending a Marriage
Annulment Annulment Legally the marriage never occurredLegally the marriage never occurred
Used in cases of Duress or FraudUsed in cases of Duress or FraudSome examples:Some examples:
• Being under ageBeing under age• Concealing pregnancy by someone elseConcealing pregnancy by someone else• Not intending or being unable to have Not intending or being unable to have
childrenchildren
Ending a Marriage
Some Common Grounds for DivorceSome Common Grounds for Divorce Breakdown of Marital Relationship (No-Fault)Breakdown of Marital Relationship (No-Fault) AdulteryAdultery Physical or Mental CrueltyPhysical or Mental Cruelty DesertionDesertion Alcoholism or drug addictionAlcoholism or drug addiction Non-supportNon-support Felony ConvictionFelony Conviction ImpotencyImpotency
No-Fault Divorce
Available in almost all states.Available in almost all states. Also called dissolution in some states.Also called dissolution in some states. Rules vary by state.Rules vary by state.
Some states require a separation agreement.Some states require a separation agreement. Other states may require that a couple live apart Other states may require that a couple live apart
for a period of time. (for a period of time. (Judicial SeparationJudicial Separation)) California doesn’t even require a court hearing California doesn’t even require a court hearing
if no children are involved and certain other if no children are involved and certain other criteria are met.criteria are met.
No-Fault Divorce
AdvantagesAdvantages One Party Does Not Have to Charge the One Party Does Not Have to Charge the
Other PartyOther Party Less Court TimeLess Court Time Less ExpensiveLess Expensive Less Traumatic Less Traumatic
No-Fault
Some terminology:Some terminology: Irretrievable breakdownIrretrievable breakdown Irreconcilable differencesIrreconcilable differences Irremediable (incurable) breakdownIrremediable (incurable) breakdown Divorce on the grounds of Divorce on the grounds of
incompatibility. incompatibility.
No-Fault
Some states take a two-step approachSome states take a two-step approach Judicial SeparationJudicial Separation Absolute DivorceAbsolute Divorce
Some states require couples to go through Some states require couples to go through some sort of counseling in the hope of some sort of counseling in the hope of reconciliationreconciliation
Adultery
Defined as a voluntary sexual relationship Defined as a voluntary sexual relationship between a married person and someone between a married person and someone other than their spouse.other than their spouse.
It is both a crime and grounds for divorce.It is both a crime and grounds for divorce. For a divorce the proof can often be For a divorce the proof can often be
circumstantial. circumstantial. To be proved as a crime it must be To be proved as a crime it must be
proven beyond a shadow of a doubt.proven beyond a shadow of a doubt.
Cruelty
Before no-fault this was the most common Before no-fault this was the most common grounds for divorce.grounds for divorce. Usually requires proof of acts of physical Usually requires proof of acts of physical
violence.violence. Sometimes cruelty can be proven on Sometimes cruelty can be proven on
mental suffering alone.mental suffering alone.Especially if there is a threat of Especially if there is a threat of
violence.violence.
Desertion
Defined as a voluntary separation of Defined as a voluntary separation of one spouse from the other with the one spouse from the other with the intent of not returning.intent of not returning.
Often there are time periods set by law Often there are time periods set by law to qualify.to qualify.
Nonsupport
Originally just the wife could use this.Originally just the wife could use this. Recently laws have been modify to Recently laws have been modify to
allow use by either party.allow use by either party. Must prove that the other party had the Must prove that the other party had the
means to provide support and willfully means to provide support and willfully elected not to do so.elected not to do so.
Felony Conviction
Laws vary by state.Laws vary by state. Most states include conviction of crimes Most states include conviction of crimes
that are infamous (disgraceful) or of moral that are infamous (disgraceful) or of moral turpitude (morally wrong) as grounds for turpitude (morally wrong) as grounds for divorce.divorce.
Residency Requirements
People filing for divorce must do so where People filing for divorce must do so where the courts have jurisdiction over them.the courts have jurisdiction over them.
The party filing for the divorce must be a The party filing for the divorce must be a resident where the case is filed.resident where the case is filed.
Domicile
A domicile is legally defined as the place where a A domicile is legally defined as the place where a person lives.person lives.
Their domicile must be within the jurisdiction Their domicile must be within the jurisdiction where they file for their divorce.where they file for their divorce.
Legally people do not give up a domicile until Legally people do not give up a domicile until they establish another one.they establish another one.
Under the old legal system a wife could not Under the old legal system a wife could not establish a separate domicile unless her husband establish a separate domicile unless her husband committed some wrong.committed some wrong.
Residence Requirements
A residence is where someone actually A residence is where someone actually lives.lives.
It can be different from one’s domicile.It can be different from one’s domicile. Example:Example:
If you return to live with your parents If you return to live with your parents temporarily your domicile may remain temporarily your domicile may remain with your spouse while your residence with your spouse while your residence has changed.has changed.
Residence Requirements
Most states have a residency requirement in Most states have a residency requirement in addition to the domicile requirement.addition to the domicile requirement. In other words you must actually live In other words you must actually live
there for a period of time before you can there for a period of time before you can file for divorce.file for divorce.
Out-of-State Divorces
People would often go to another state to People would often go to another state to get a divorce.get a divorce. Often done because they didn’t qualify Often done because they didn’t qualify
for a divorce in their home state.for a divorce in their home state. Residency times vary by state.Residency times vary by state. Nevada was generally recognized as Nevada was generally recognized as
having the most liberal divorce laws and having the most liberal divorce laws and residency requirement. (6 Weeks)residency requirement. (6 Weeks)
Out-of-Country Divorces
Some people would actually leave the Some people would actually leave the country to get a divorce.country to get a divorce.
These “Quickie Divorces” are not These “Quickie Divorces” are not recognized by all states.recognized by all states.
Marriage License Applications
Waiting periodWaiting period Vary by stateVary by state Some states have dropped the waiting Some states have dropped the waiting
period.period. Blood tests/Physical ExamBlood tests/Physical Exam
Required by some statesRequired by some states Used to test for diseasesUsed to test for diseases
Proxy Marriage
Are done if one or both parties cannot be Are done if one or both parties cannot be present at the ceremony.present at the ceremony.
Must be done with the consent of the parties Must be done with the consent of the parties involved.involved.
Absent party is represented by an agent.Absent party is represented by an agent.
Use of Maiden Name
By custom women traditionally took on By custom women traditionally took on their husband’s surname.their husband’s surname.
Legally women may choose to continue to Legally women may choose to continue to use their maiden name as long as they are use their maiden name as long as they are not doing it to commit fraud.not doing it to commit fraud.
Prohibited Marriages
Marriages between relatives.Marriages between relatives. Certain persons who are related by blood Certain persons who are related by blood
(consanguinity) or marriage (Affinity) are (consanguinity) or marriage (Affinity) are prohibited from marrying.prohibited from marrying.
Prohibited Marriages
BetweenBetween Ancestor and DescendantAncestor and Descendant Marriage between an Aunt or an Uncle Marriage between an Aunt or an Uncle
and a Nephew or a Niece (Unless and a Nephew or a Niece (Unless permitted by “aboriginal culture”)permitted by “aboriginal culture”)
Prohibited Marriages
Bigamy Bigamy Having two spouses at the same timeHaving two spouses at the same time
PolygamyPolygamy Having more than two spouses at the Having more than two spouses at the
same time.same time.