SC Bar Exam - Family Law & Equity

1. Physical Cruelty
2. Living Separate & Apart for One Year
3. Adultery
4. Habitual Drunkenness
5. Desertion

Actual physical violence that renders cohabitation unsafe. Single act may be enough.

Fixed habit of drunkenness or narcotics use that causes deterioration of marriage.

1. Inclination & Opportunity

Only of party

Recrimination
Insanity
Provocation
Collusion
Connivance
Condonation
Reconciliation

SC will not recognize divorce decrees from other states if parties were domiciled in SC at time of filing.

1. Duration of the Marriage
2. Age, health, & education of SS
3. Financial resources of the parties
4. Parties' accustomed standard of living
5. Ability of SS to meet his own needs while fulfilling obligation
6. time necessary for SS to acquire job training or skills
7. likelihood spouse will complete training
8. SS likelihood of success in job market

alimony is only in divorce ss&m can be during marriage

Yes, on showing of "substantial change in circumstances"

Inclination and Opportunity

"yeah, but you did it too"

1. Periodic
2. Lump Sum
3. Rehabilitation
4. Reimbursement

Duration of Marriage
Overall financial situation
Whether S was more at fault

Death of either spouse, remarriage of SS, continued cohabitation of SS

on showing of substantial change in circumstances

Finite total sum pain in one installment or over a period of time

special circumstances, such as necessity or agreement of parties

only on death of SS (not on remarrige or shacking up of SS)
If PS dies, then it is a debt of his estate!

Alimony meant to restore the SS to her prior standard of living

Used to compensate one spouse for the contributions to the professional degree of another

financial condition of parties
needs of party seeking alimony
age and health
respective earning capacities and individual wealth
contributions to the accumulation of joint wealth
conduct of parties
standard of living at time of divorce
duration of marriage
ability to pay
actual incomes

1. Recrimination
2. Insanity
3. Provocation
4. Collusion
5. Connivance
6. Condonation
7. Reconciliation

court finds two spouses conspired to act to get divorce

Knowledge of one spouse that other was committing misconduct

you did bad shit too
must be sufficient to provide grounds
NOT A DEFENSE TO NO FAULT

you forgave me
1. forgiveness
2. intention to move on w/ marriage
3. full knowledge

1. Agreed to be married
2. Cohabitated
3. Held Out
4. 16+

Spouse may refuse to testify as to confidential communications within the bonds of marriage

Marital property is defined as all that property that has been acquired by the the parties during the marriage and of which is owned as of the date of filing or commencement of the litigation

1. Identify Marital Property
2. Determine the value of the property
3. Identify the proportionate contributions, both direct & indirect
4.provide for equitable division

No

YES

Yep. (Court divided house that was in parent's name)

NO

Spouse may acquire interest in other spouses property to the extent that she contributed to its value

Spouses are not responsible for the debts of the other unless its for neccessities

Now owned as Tenants in Common

Parens Patriae

Sure, on showing of substantial coc

sometimes

$5000 max

Parent is liable for the auto accident of a minor child in a car provided for family use

1 year

Defendant resided in state for 1 yr

3 mos.

if both parties are sc domiciled out of state divorce no good

FMV as of date of filing.

when a party has contributed to the growth of a nonmarital asset, she may have a special equity in it

child must have been harmed or be at substantial risk of harm, defined as: abandonment, abused, or neglected, continue for 12 months, child lived outside home for 6 mos w/ no visitation even tho able

Probable Cause only

Clear and Convincing

Yes, court must appoint

illegal under federal law, but admissible for impeachment

applies to isses of fact, not of law, prevents parties from changing their facts