C: End of Marriage

GROUNDS FOR DIVORCE

(i) cruel and inhuman treatment

(ii) cheating (i.e. adultery)

(iii) abandonment (for time set by statute)

(iv) habitual drunkenness or addiction

NO FAULT DIVORCE

(i) relationship has irretrievably broken down (“irreconcilable differences”)

(ii) for time set by statute

DIVORCE SETTLEMENT AGREEMENT

1. Definition

2. Grounds for Invalidating

1. (i) agreement (ii) entered into before a divorce decree is issued (iii) for the purpose of settling the economic issues of the marital estate

2. (i) unconscionability, (ii) fraud, (iii) mediator misconduct

SEPARATION AGREEMENT

1. Definition

2. Grounds for Invalidation

1. (i) agreement
   (ii) entered into by spouses planning for a divorce
   (iii) for the purpose of defining property division, spousal support, child custody, child support, and visitation

2. unconscionability, fraud, mediator misconduct

ANNULMENT

1. Definition

2. Grounds

1. a legal procedure that voids a marriage and declares it null from its inception

2. (i) capacity issue, (ii) bigamy, (iii) consanguinity

MARITAL (or COMMUNITY) PROPERTY

all property, real or personal, acquired during marriage

SEPARATE PROPERTY

all property…
(i) acquired before marriage, OR
(ii) acquired during marriage by gift or inheritance, OR
(iii) agreed by the parties to be SP

Property Division at Divorce

1. Majority Approach

2. Minority Approach

1. A majority of jxns are non-community property states, in which…
   (i) SP generally remains the property of the owning spouse
   (ii) MP/CP is divided equitably

2. A minority of jxns are community property states, in which…
   (i) SP generally remains the property of the owning spouse
   (ii) CP is divided equally

MODIFICATION OF PROPERTY DIVISION AWARD

1. General Rule

2. Timing of Assets to Be Divided

1. A property division award cannot be modified UNLESS exceptional circumstances exist (e.g. fraud, duress).

2. A property division award is based on the parties’ assets at the time of divorce. After a divorce decree has been entered, a change in the parties’ circumstances DO NOT affect the award.