Law I U5 L2: Separation, Divorce, and Custody

A separation agreeement

• is a written document that lists the continuing legal rights and duties of each spouse when a couple separates including alimony, child custody, support, and division of property

• is the ending of a marriage by court order

• is when two people decide to go through the divorce proceedings on their own without assistance from lawyers

• is a form of divorce that involves informal discussions and conferences attended by both parties and their lawyers to settle all issues

Divorce

• is a written document that lists the continuing legal rights and duties of each spouse when a couple separates including alimony, child custody, support, and division of property

• is the ending of a marriage by court order

• is when two people decide to go through separation proceedings on their own without assistance from lawyers

• is a form of separation that involves informal discussions and conferences attended by both parties and their lawyers to settle all issues

"Pro Se" divorce

• is a written document that lists the continuing legal rights and duties of each spouse when a couple separates including alimony, child custody, support, and division of property

• is the ending of a marriage by court order

• is when two people decide to go through the divorce proceedings on their own without assistance from lawyers

• is a form of divorce that involves informal discussions and conferences attended by both parties and their lawyers to settle all issues

Collaborative divorce

• is a written document that lists the continuing legal rights and duties of each spouse when a couple separates including alimony, child custody, support, and division of property

• is the ending of a marriage by court order

• is when two people decide to go through the divorce proceedings on their own without assistance from lawyers

• is a form of divorce that involves informal discussions and conferences attended by both parties and their lawyers to settle all issues

A traditional "at fault divorce" allows for divorce only in certain circumstances, which generally include all of the following except

• adultery by one spouse

• physical cruelty by one spouse against the other

• irreconcilable differences between the spouses

• desertion by one spouse

A No-Fault Divorce

• is when neither party is charged with wrongdoing, the marriage is simply ended ude to irreconcilable differences that broke the marriage down

• is based on the idea that one of the spouses did not have the mental ability to tell right from wrong

• is not an option in most of the United States today

• occurs when one spouse abandons the other with no intention of returning or reassuming the duties of marriage

Irreconcilable Differences

• are disagreements between a couple that indicate the marriage has broken down and is beyond repair. It is grounds for a no-fault divorce

• are a result of when one spouse abandons the other with no intention of returning or of reassuming the duties of marriage, a ground for at-fault divorce

• occur when one spouse cheats with another person. This is grounds for a no-fault divorce

• occur when one spouse is physically or mentally abusive to another, which is grounds for at-fault divorce

Covenant Marriages

• are disagreements between a couple that indicate the marriage has broken down and is beyond repair. It is grounds for a no-fault divorce

• are a result of when one spouse abandons the other with no intention of returning or of reassuming the duties of marriage, a ground for at-fault divorce

• are a special type of marriage in which the couple agrees to surrender their legal right to a no-fault divorce

• are a special type of marriage where one partner can decide to end the marriage at any point with few legal barriers

All of the following are true of child custody except

• that it includes the responsibility of parents to support the physical and mental well-being of their child

• in divorce settlements courts may award custody to one of the parents, who then has the responsibility to make many important decisions for their child

• that if one parent is awarded custody of the child, the non-custodial parent is no longer required to provide for the physical well-being of the child

• noncustodial parents are often given some level of visitation rights by the court to interact with their child(ren)

All of the following are true of Joint child custody except

• that it includes the responsibility of parents to support the physical and mental well-being of their child

• it allows both parents to have equal rights in making important decisions concerning their children

• it has become more rare in modern America than in past generations

• it requires divorced parents to work collaboratively and come to agreements in deciding what is best for their child