Fault vs. No-Fault Divorce Self-Quiz
Tyler and
Sandra have been married for five years. They have three children. Tyler’s
brother was recently released from prison and is staying with them temporarily.
When Tyler and his brother and some other childhood friends were at a
local bar, a fight ensued. One of the men was killed in the altercation.
Tyler was convicted of manslaughter and sentenced to a minimum of five
years in prison. Sandra is undecided about whether she should stay with
him or not, given that he has also been in jail for domestic violence
against her. If she decides to sue for divorce, what is her best ground?
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Jenna, viciously
upset at Mac’s adulterous behavior, files for divorce based
on adultery. While the action is pending, Mac sweet talks his way
back into Jenna’s
life. Although they sleep together a couple times, Jenna still wants
to pursue the divorce because once again she caught him with another
woman. What would be the result?
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Betty and
Barney are unhappy in their marriage. They live in a jurisdiction
that only recognizes fault-based divorce. A friend suggests that they
fabricate one of the faults contained in the statute and sue for divorce
based on it. Taking her friend’s advice, Betty sues Barney for
divorce based on an alleged adulterous affair with Wilma. To support
her claim, Betty submits receipts from motels where she and Barney
stayed together, saying they belonged to Barney’s liaisons with
Wilma. Barney does not object to this accusation. The court assumes
her evidence is true and grants the divorce. This would be an example
of:
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Seth and Linda
live in a jurisdiction that recognizes no-fault divorce. The statute requires
that the couple live separate and apart for 18 months before the divorce
is granted. Linda still lives in the marital residence. Although Seth
moved out, he still stores some of his property in the garage and the
basement. He comes over a couple times a week to look after his stuff
and occasionally stays for dinner. What would the court say about this
conduct?
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