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.

Alcoholism or Drug Addiction

Must prove abuse, not just use.Must prove abuse, not just use.

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.

That’s all folks!

Quiz on FridayQuiz on Friday