Question 1

To dissolve a marriage, a court needs:

Accepted Answer

A court needs in rem jurisdiction to dissolve a marriage because it is a proceeding that affects the status of a person.

Question 2

Which of the following are defenses to fault grounds of divorce?

Accepted Answer

All of the above (collusion, recrimination, and connivance) are defenses to fault grounds of divorce. Collusion occurs when both parties cooperate to falsely create grounds for divorce. Recrimination occurs when both parties have grounds for divorce and neither can claim innocence. Connivance occurs when one party encourages the other to commit the act that is grounds for divorce. All of the choices being presented (collusion, recrimination, and connivance) are defenses to fault grounds of divorce.

Question 3

For a divorce to be granted on a no-fault ground, both spouses must agree that a reconciliation is impossible.

Accepted Answer

No-fault divorce laws do not require both spouses to agree that reconciliation is impossible. One spouse can unilaterally file for divorce based on irreconcilable differences without the other spouse's consent.

Question 4

What is a legal separation?

Accepted Answer

The answer of What is a legal separation?...

Question 5

It is not possible for someone with a valid jurisdictional objection to a divorce judgment to be estopped from raising that objection.

Accepted Answer

A person can be estopped from raising a jurisdictional objection if they have previously accepted or benefited from the court's jurisdiction, thus waiving their right to object.

Question 6

Only the party who was not at fault can assert the incompatibility ground for divorce.

Accepted Answer

In many jurisdictions, either party can assert incompatibility as a ground for divorce, regardless of fault.

Question 7

A child acquires a domicile by operation of law.

Accepted Answer

A child acquires a domicile by operation of law, meaning that they automatically inherit the legal residency of their parents or guardians. A child acquires a domicile by operation of law, which means they automatically acquire a domicile based on the domicile of their parent or legal guardian at the time of their birth.

Question 8

What is a collusive divorce and why is it less common today?

Accepted Answer

The answer of What is a collusive divorce and why...

Question 9

In a state with no-fault grounds for divorce, fault grounds are never available.

Accepted Answer

In a no-fault divorce state, parties can still sometimes file for divorce based on fault grounds if those options are available under state law; no-fault simply means that a spouse can file for divorce without proving fault.

Question 10

Recrimination exists when the plaintiff in the divorce action incited the acts constituting the marital wrong by the other spouse.

Accepted Answer

The answer of Recrimination exists when the plaintiff in the...

Question 11

Which of the following is not a no-fault ground for divorce?

Accepted Answer

Incompatibility, living apart, and irreconcilable differences are all common no-fault grounds for divorce, but desertion requires one spouse to have abandoned the other for a specific period of time, which is a fault-based ground for divorce. Desertion is not considered a no-fault ground for divorce, as it implies that one spouse intentionally left the other without cause or justification. The other options - incompatibility, living apart, and irreconcilable differences - are all commonly accepted as no-fault grounds for divorce.

Question 12

The final divorce judgment is called the interlocutory judgment.

Accepted Answer

The final divorce judgment is actually called the final judgment. The interlocutory judgment is a preliminary or temporary judgment that may be issued during the divorce proceedings.

Question 13

What is the distinction between domicile and residence?

Accepted Answer

The answer of What is the distinction between domicile and...

Question 14

What kind of jurisdiction is needed to dissolve a marriage and to award alimony, child support, and a property division?

Accepted Answer

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Question 15

An exception to the movement away from fault grounds is the option of a covenant marriage in some states.

Accepted Answer

Some states have implemented the option of a covenant marriage, which requires couples to participate in premarital counseling and restricts them from getting a no-fault divorce except for in cases of abuse, adultery, or abandonment. In some states, couples who choose a covenant marriage agree to premarital counseling, limited grounds for divorce (such as infidelity or abuse), and a waiting period before a divorce can be granted. This allows for fault grounds to still be considered in certain circumstances.

Question 16

What are the five major orders in a divorce judgment?

Accepted Answer

The answer of What are the five major orders in...

Question 17

A separation agreement is a legal separation.

Accepted Answer

A separation agreement is a legally binding document outlining the terms of a couple's separation, but it does not legally end the marriage like a divorce does.

Question 18

Give examples of when marital misconduct is asserted in a divorce action today.

Accepted Answer

The answer of Give examples of when marital misconduct is...

Question 19

A divorce a vinculo matrimonii is a legal separation.

Accepted Answer

A divorce a vinculo matrimonii is not a legal separation, but rather a complete dissolution of a marriage.

Question 20

The granting of a divorce because an opponent fails to appear or answer the petition/complaint is a:

Accepted Answer

A divorce granted because the opposing party failed to respond or appear is known as a default divorce. A default divorce is granted when the opponent fails to appear or answer the petition/complaint. A collusive divorce is one in which both parties agree to the divorce and may not be recognized in some jurisdictions. A limited divorce is a legal separation and not a full divorce. A bilateral divorce is not a recognized legal term.

Quiz 7: Divorce Grounds and Procedure