Question | Answer |
Marriage Terminates Upon | |
(1) | |
(2) | |
(3) | |
(4) | |
OCCASIONS FOR DIVORCE (All Marriages) | |
(1) | |
(2) | |
1st OCCASION OF DIVORCE: | |
--What is required for it to be the 'right' kind of conduct? | |
--How can this be accomplished? | |
--especially where it's... | |
--How else can this be accomplished? | |
--Anything else that may be sufficient? | |
--What is not necessary? | |
--What is not sufficient? | |
2 Alternative Approaches to Sufficient Proof of that Conduct | |
| Question | Answer |
-- | |
--For the 1st approach, the evidence must be such as to... | |
In practice, the courts that invoke this standard often apply it rather... | |
--For the 2nd, a prima facie case of adultery can be made out by showing... | |
--This is close to what other standard? | |
Courts today infer that people do... | |
2nd OCCASION OF DIVORCE | |
--Courts interpret the language of this article... | |
--We differ from the French here because they look to the _____ behind the rule | |
102 VERSUS 103 | |
--C.C. Art. 102 contemplates situation where you... | |
--C.C. Art. 103 Contemplates situation where you... | |
--Which is better for financially stronger spouse? | |
--Why? | |
--Common Requirement of 102 and 103 | |
--Two Elements to--> | |
-- | |
| Question | Answer |
-- | |
--2 Parts to this Element--> | |
-- | |
-- | |
--What do we know will not 'undo' the separate living? | |
--What if staying in same room? What if have sex once? | |
--Argument for above to not 'vitiate' or 'interrupt' the period? | |
--2 Parts to this Element--> | |
-- | |
-- | |
Requisite Period of Time for Living S and A: | |
--180 days when... | |
-- | |
-- | |
--365 days when... | |
--T/F. When abuse is present, child doesn't have to be of the marriage? | |
Distinctive Elements of 102 | |
| Question | Answer |
-- | |
-- | |
2 Defenses to the Rule to Show Cause | |
-- | |
Who can file the motion for the rule to show cause? | |
Time for filing these distinctive papers? | |
--Earliest | |
--Latest | |
Evidence for Court to Grant Divorce Petition | |
--Facts entitling a moving party to a divorce may be established by: | |
-- | |
-- | |
-- | |
-- | |
COVENANT MARRIAGE | |
A spouse to a covenant marriage may obtain a judgment of DIVORCE only upon proof of any of the following: | |
-- | |
| Question | Answer |
-- | |
-- | |
-- | |
-- | |
--1 year and 6 months is requisite period for above if... | |
A spouse to a covenant marriage may obtain a judgment of SEPARATION FROM BED AND BOARD only upon proof of any of the following | |
--All of the same factors above for divorce, but the only factor unique here is | |
...of such a nature as to... | |
--Habitual Intemperance includes, but not limited to habitually... | |
----Cruel Treatment is FAULT for purposes of... | |
AFFIRMATIVE DEFENSES TO DIVORCE | |
--RECOGNIZED BY LEGISLATION | |
2 Elements of--> | |
-- | |
-- | |
Scope | |
---Kinds of Marriage? | |
| Question | Answer |
---Kinds of Divorce? | |
Proof | |
--What do we know does not constitute this intent? | |
--RECOGNIZED BY JURISPRUDENCE AND DOCTRINE | |
--occurs when one spouse consents with other spouse achieving something that would be grounds for fault in divorce | |
--Scope | |
--occurs when one spouse is unable to comprehend responsibility or culpability for actions due to mental illness | |
--Scope | |
--possibly occurs when there is fault by both parties | |
--Scope, if a defense | |
--possibly occurs when one spouse does something with specific intent to provoke the other spouse into fault | |
--Scope, if a defense | |
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