List the grounds that render a marriage void; list the grounds that render a marriage voidable:
There are three (3) major no-fault grounds for divorce; one is living apart. What does “apart” mean? List 4 points.
There are a number of fault grounds for divorce, (some of which are also grounds for annulment); List 6 of these grounds:
Under fault grounds for divorce, cruelty is one factor; how is cruelty established?
Cases for discussion: 5 points each. Discuss fully. Read carefully and thoughtfully.
Leo and Halen are engaged to be married. Leo’s attorney drafts a premarital agreement and Leo tells Helen he will cancel the engagement if she does not sign it. She signs and they marry. Five years later, they separate. In the divorce proceeding, Leo asks the court to enforce the agreement. Helen argues that the agreement is invalid because it was the product of duress. Was there duress? What will the court decide?
Paul and Karen are married on March 13, 2005. In 2008, Paul is killed in a work accident. Karen claims workers’ compensation benefits as his surviving widow. Paul’s parents assert that the 2005 marriage was invalid and bring an annulment action to have it annulled. The marriage is annulled in 2009. The parents now claim workers’ compensation survivor benefits as the only surviving relatives of Paul. How will the court decide? Who will receive the benefits?
Bill and Gail were married in 2007. In 2008, Bill finds that Gail lied to him about her age when she agreed to marry him. She was underage at that time, but she led him to believe otherwise. They continued to live together until 2010 when Bill brings an annulment action against Gail on the ground of her being underage when they married. What will the court decide on the annulment action?
Bob is validly married to Elaine. In 2008, they through a valid divorce proceeding, which provides that Bob will pay Elaine alimony until she remarries. In 2010, Elaine marries Dan; Bob stops his alimony payment. In 2012, Elaine’s marriage to Dan is annulled. What will Bob’s obligation be to pay alimony to Elaine? Why?
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