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?
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?
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:
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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