What are the 5 grounds that make a marriage voidable?
Nonage, mental incapacity, wrongfully obtained consent (force, duress, fraud), five years incurable mental illness
Can both void and voidable marriages be ratified?
Void marriages cannot, voidable can.
Who may seek annulment of:
A) void marriages; and
B) voidable marriages.
A) any interested party
B) only spouses, or in certain cases a parent, guardian or next friend
What is a defense to a void marriage?
If the impediment (ie incest or bigamy) doesn’t exist (assuming this really only applies to bigamy).
What happens when an impediment to a void marriage no longer exists?
If it has been removed the marriage becomes voidable and the defenses to voidable marriages such as ratification apply.
What are the defenses to a voidable marriage?
Impediment removal, ratification, laches (unreasonable delay), estoppel (preventing inequitable result), s/l passed
What are the two grounds that void a marriage?
Incest and bigamy
What are the grounds in an action for legal separation?
Grounds:
- Cruel and inhuman treatment (if physical, continuing cohabitation likely not defense)
- Abandonment
- Adultery
- Three years consecutive imprisonment
- Failure to support (economically)
What does abandonment involve?
- Voluntary departure by one spouse from another
- Without consent
- Without justification
- No intent to return
Constructive: abandon marriage as abstraction through behavior (eg, refuse to have sex)
What does adultery involve?
- Must be voluntary
- Must be with another person
Defenses:
- Recrimination (P also did)
- Condonation (awareness, forgiveness)
- Connivance (P spouse induced)
SOL: 5 years
What are the grounds for divorce?
Grounds:
- Cruel and inhuman treatment
- Abandonment (absence 1 full year)
- Adultery
- Three years consecutive imprisonment
- Conversion
What is a conversion divorce?
- Separation for 1 full year (no sex with anyone)
(a) result of earlier litigation for court-ordered separation; OR
(b) result of separation agreement (notarized and filed, rescinded if have sex with intent to reconcile, material breach precludes conversion) - Divorce by court following 1 year separation
What is a dissolution action?
- Spouse missing with no tidings 5 years
- Spouse believed to be dead.
- A diligent search has revealed no evidence that the spouse is alive.
