Term
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Definition
termination of marriage
dissolution of marriage as of the date of the divorce decree or final court order
Has to be a valid marriage to be a divorce |
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Term
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Definition
| fault based, divorce based on wrong doing |
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Term
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Definition
| Adultery, habitual drunkenness, drug abuse, non support, incompetency, criminal conviction, desertion, abandonment, cruelty |
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Term
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Definition
article 4 of constitution gives full faith to all states, SO...
if married in TN, married in MN, divorced in tn, divorced in MN, etc.. with the exception of same-sex marriage |
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Term
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Definition
| collusion, condonation, connivance, recrimination |
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Term
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Definition
| agreement between both parties in marriage that one of them will appear to commit an act that will constitute grounds for divorce in order to get a divorce. generally not committed, element of fraud on the courts |
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Term
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Definition
| voluntary resumption of marriage relationshipo by souses after one commits act that constitutes grounds for divorce. forgiveness and restoration of marital relationship |
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Term
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Definition
| consent of one of the parties o a marriage act by the other that constitutes grounds for divorce |
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Term
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Definition
| bars a divorce to either spouse where both have committed the acts complained of |
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Term
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Definition
1960's divorce starts to reform
irreconcilable differences
NO fault divorce |
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Term
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Definition
| modified "no" fault, "bad" acts are consider when kids are involved |
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Term
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Definition
has "NO" grounds
birfurcate proceedings so takes about 30 days and divorced, then litigate divorce to figure out who gets what
courts encourage people to come to happy medium |
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Term
| TN requirements when getting divorce |
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Definition
| tn requires counseling if you have kids when getting divorce, 60-90 day waiting period |
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Term
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Definition
| alternate dispute resolution, |
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Term
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Definition
negotiation
process of submission and consideration of offers until an acceptable offer is made |
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Term
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Definition
process of dispute negotion where a neutral 3rd part helps parties reach agreement
mediator has no authority to enforce recommendations
parties are not bound by mediator recommendations |
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Term
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Definition
process of dispute resolution in which a neutral 3rd party renders a decision after a hearing at which both parties have an opportunity to be heard.
decision is binding on both parties |
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Term
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Definition
| this says the marriage is void, was void from the very beginning |
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Term
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Definition
| marriage was NEVER valid, ex. married cousin (not valid), married a 12 year old, (not valid) already married(not valid) |
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Term
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Definition
| marriage was valid unless it was attacked by one of the parties, ex. fraud, woman tells man child is his but is not. ex. woman says she is doctor, isn't then takes all his money |
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Term
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Definition
| NO modifications of divorce decrees only if its child related, generally cannot modify division of property |
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Term
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Definition
| proclamation by court that says your seperate but still married, some states require it, some people want it if they are working on their marriage |
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Term
| 2 ways division of property |
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Definition
community property (minority of states)
defines interest of property aquired during marriage.
each spouse deemed to have 1/2 equal interest in marital property
non community property states(equitable division states)
on divorce courts will equitably divide the property, does not mean equal division |
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Term
| non community property states |
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Definition
| equitable distribution/common law |
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Term
| non marital property can become marital property if... |
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Definition
| comingled, transmutation, increased value due to efforts of non-owner spouse |
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Term
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Definition
| property acquired by either spouse during duration of marriage |
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Term
| non-marital/separate property |
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Definition
property acquired outside of marriage
assets acquired outside of marriage, before marriage, ex. inheritance or gifts during marriage are generally NOT subject to division |
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Term
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Definition
| property purchased w/both seperate property assets and marital assets, ex. land purchased prior to marriage by one spouse, but house payments made during marriage by both spouses |
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Term
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Definition
| separate property treated like marital property |
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Term
| increased value of separate property |
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Definition
| if both parties participate activly that increase the value of separate property, the amount of increased value is subject to division |
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Term
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Definition
professional degree-maj of cours hold that a degree is not property and not subject to division
celebrity status-subject to division if spouse contributed to value
professional goodwill-always an asset if both spouses worked for it. ex small dr office, 1st employee is wife, works in office with no pay for 20 years, subj to division |
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Term
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Definition
| legally imposed allowance paid to one spouse or former spouse by the other for maintenance and support |
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Term
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Definition
| payment of alimony is gender neutral based on needs of one spouse vs ability to pay on other, and usually rehabilitative |
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Term
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Definition
support for wife (the innocent) living apart from husband but still married
Purpose: support, damages (breech of contract)Penalty(imposed on guilty husband) |
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Term
| modern alimony is based on |
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Definition
needs of one party vs ability to pay of the other
KEY: considers age, health, earning capacity, present income, duration of marriage, lifestyle, fault |
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Term
| 3 types of modern alimony |
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Definition
| temporary, rehabilitative, permanent |
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Term
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Definition
| "alimony pendente lite" awarded during pending divorce |
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Term
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Definition
| awarded to support spouse during a period of retaining work or re-education for entry into work force, purpose is to make spouse self-supporting |
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Term
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Definition
| like traditional alimony paid until she/he dies or remarries, don't see too much anymore |
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Term
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Definition
| paying back for investment in degree |
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Term
| alimony modification after divorce |
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Definition
| alimony can be modified b/c ongoing and circumstances change, loose job, remarriage, death |
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Term
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Definition
| minority in southern states, this is a lifelong marriage cannot divorce unless total breech of marital commitment, no irreconcilable differences and marriage and divorce counseling |
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