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Divorce and the law of contracts

Divorce and the law of contracts. Ms. Tallman Chapter 12.2. Nullifying the marriage contract. HOW DO MARRIAGE CONTRACTS END? Annulment – a legal procedure for declaring that a voidable marriage is null and void Voidable marriage – A problem that existed from beginning of the supposed union

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Divorce and the law of contracts

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  1. Divorce and the law of contracts Ms. Tallman Chapter 12.2

  2. Nullifying the marriage contract HOW DO MARRIAGE CONTRACTS END? • Annulment – a legal procedure for declaring that a voidable marriage is null and void • Voidable marriage – A problem that existed from beginning of the supposed union • LIKE WHAT? • Void marriage – one that is considered invalid from the beginning – seek a declaration of nullity • LIKE WHAT? • A person who knowingly marries a second spouse while still married to the first is called a bigamist

  3. Terminating the Marriage Contract • Divorce & dissolution – court actions that end the marriage and divide the property and remaining responsibilities between the parties • Since 1990 the divorce rate has declined by 25%... • ...but so has the number of marriages

  4. No-Fault Divorces • The requesting spouse does not have to list a grievance • WHAT ARE COMMON GRIEVANCES? • The dissolution is granted after testimony that there is no chance of repairing the marriage relationship • “irreconcilable differences” • Usually takes 6 months for it to be final • Some states require meeting with a counselor

  5. Divorce Procedure • SEPARATION – the first step towards divorce • Maintain separate living quarters but their marital rights and obligations remain intact • Separation agreement – legal document containing terms covering child custody, child support, alimony, property division • May become basis for final divorce decree • COUNSELING – May be required before finalizing divorce

  6. Divorce Procedure • RESOLUTION OF ISSUES • Division of property • Common law states – property brought in by either spouse will remain that spouse’s property and anything earned, inherited, or received during the marriage will remain as property of the spouse who received it • Community property states – all property (except gifts and inheritance) acquired during the marriage is divided between spouses • Regardless, judges attempt to distribute property fairly and take conduct, earning power, contributions of each spouse into consideration

  7. Divorce Procedure • RESOLUTION OF ISSUES • Child Custody and Support • Welfare of child is the most important consideration in determining custody • Uniform Marriage and Divorce Act: • Parent’s wishes • Child’s wishes • Child’s relationship with parents, siblings, and others who may affect the child’s best interest • Child’s adjustment to home, school, and community • Physical and mental health of all persons concerned

  8. Divorce Procedure • RESOLUTION OF ISSUES • Child Custody and Support cont’d • Joint custody – custody is shared and both parents usually remain more interested and involved • Child support – monetary payment by a parent to provide a dependent child with appropriate economic maintenance • What are some issues that may come up once custody is decided?

  9. Divorce Procedure • RESOLUTION OF ISSUES • Alimony • Support paid by one of the marital partners to the other during separation and after divorce • Regular intervals or lump sum • NOT intended to penalize the person ordered to pay it • Factors considered: income of both spouses, financial resources, earnings outlook, current debts, number of dependents, number of former or subsequent spouses

  10. Divorce Procedure • ISSUANCE OF DECREE OF DISSOLUTION OF MARRIAGE • Form of court order • Officially declares the the marriage is over • Also makes final and legally binding the terms of the resolution of the issues that have been developed or needed to be considered in the divorce decree

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