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Ending a Marriage - Coggle Diagram
Ending a Marriage
Property Division
2 Systems
Community
Marriage = partnership & prop acquired during marriage is each spouses equally
Equal division
Equitable
Most states follow this approach
Equitable distribution taking into consideration all circumstances between parties
Marital Property
Definition
Property acquired during marriage
Exceptions
Gifts
Inheritance
Property acquired pre-marriage
EXCEPTION
Increases in value resulting from either spouses efforts
Dont be fooled by appreciation that results strictly bc of the market
Factors considered in distribution of marital property
length of marriage
Economic circumstances of each spouse
Age
Health
Earnings or potential earnings
Special needs
Contributions to the education or career advancement of the other spouse
Value of separate property
Custodianship of minor children
Annulment
Declares marriage never existed
Void
Implications
Any party can seek an annulment
Does not need to be judicially dissolved
Marriage never happened
Triggers
Bigamy
Incest
Mental incapacity
Defense = Deny Impediment
Voidable
Implications
MUST be judicially dissolved
Only spouses can seek an annulment
Valid until 1 spouse seeks to void it
Triggers
Age
Impotent
Intoxication
Fraud–Misrep–Duress–Coercion–Force
Lack of Intent
Divorce
Legal dissolution of marriage
Grounds
Fault
Considered when awarding maintenance
Defenses
Recrimination & Unclean Hands
Consent
Collusion
Forgiveness
Provocation
Justification
Insanity
Religion
No-Fault
Irreconcilable Differences
Types
Limited
Permenant
Mediation
Resolves separation disputes
Less $$$
Spousal, Child support issues
Custody & Visitation
Impartial, unbiased, no conflicts
Death