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| the legal union of a man and woman as husband and wife, which can be dissolved only by divorce. |
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| an action based on a broken heart, e.g., breach of promise to marry, alienation of affections |
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| an agreement that a court will enforce |
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| something of value that is exchanged between the parties |
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| the statute imposing the requirement that certain kinds of contracts be in writing to be enforceable. |
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| A remedy for breach of contract that forces the wrongdoing party to complete the contract as promised. |
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| money paid to restore the injured party to the position he or she was in before the injury or loss: money to make the aggrieved party whole. |
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| Money paid to punish the wrongdoer and to deter others from similar wrongdoing |
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| a statute (sometimes called an anti heart blam statute) that ablokshes heart balm actions |
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| knowingly makeing a false statement of present fact with the intention that the plantiff rely on the statement. The plaintiff is harmed by his or her reasonable reliance on the statement |
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intentional infliction of emotional
distress |
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| intentionally causing severe emotional distress by extreme or outrageous conduct. |
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| that which cannot be revoked or recalled. |
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| The person who gives a gift. The donee receives it. |
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| dying without leaving a valid will. |
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| a designated share of a deceased spouse's estate that goes to the surviving spouse despite what the will of the deceased spouse gave the surviving spouse. |
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| a widow's right to the lifetime use of one third of the land her deceased husband owned during the marriage |
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| a shuband's right tot he lifetime use of all the land his deceased wife owned during the marriage (if issue were born of the marriage). |
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| privilege for marital communications |
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Definition
| one spouse cannot disclose in court any confidential communications that occured during the marriage. (this privilege does not apply when the spouses are suing each other.)mixing the races. The marriage or cohabitation of persons of different races. |
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| a marriage that is enerted in compliance with the statutory requirements (obtaining a marriage license, having the marriage performed by an authorized person.) |
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| the performance of a valid marriage through agents because one or both of the prospective spouses are absent. |
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| a form of marriage that requires proof of premarital counseling, a promise to seek marital counseling when needed during the marriage, and proof of marital fault to dissolve. |
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| the marriage of two people who cohabitm hold themselves as husband and wife, and agree to be married even though they do not go through a ceremonial marriage. (In Texas this is called a informal marriage.) |
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| an inconsistency between the laws of different legal systems such as two states of two countries. |
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| a legal obstacle that prevents the formation of a valid marriage or other contract. |
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| a person who reasonably believed he or she entered a valid marriage even though there was a slgal impediment that made the marriage unlawful. |
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| individuals in a same-sex relationship (or an unmarried opposite-sex relationship) who are emotionally and financially interdependent and also meet the requirements for registering their relationship with the government so that they can receive specified marriagelike benefits |
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| discrimination in a law is sonstitutional if the law rationally furthers a legitimate state interest. |
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| discrimination in a law is presumed to be unconstitutional unless the sate shows complling state interests that justify the discrimination and also shows that the law is narrowly drawn to avoid unnecessary abridgments of constitutional rights. |
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| Defense of Marriage Act (DOMA) |
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Definition
| a federal staute that says one state is not required to give full faith and credit to a same-sex marriage entered in another state. |
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| A staute of state declaring that its strong public policy is not to recognize any smae-sex marriage that might be validly entered in another state. |
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| a same-sex legal relationship in Vermont that has the same benefits protections, and responsibilities under Vermont law that are granted to spouses in a marriage. |
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| reciprocal beneficiaries relationship |
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Definition
| a form of domestic partnershipp in Vermont for parties related by blood who are ineligible to forma civil union or marriage with each other. |
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| full faith and credit clause |
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Definition
| Article IV of the US Constitution provides that "full faith and credit shall be given in each state to the public Acts, Records, and judicial Procceedings of every other State." |
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| reasongs for granting a divorce that do not require proof that either spouse committed marital wrongs. |
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| Not disputed, not challenged. |
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| An agreement between spouses in a divorce proceeding that one or both will lie to the court to facilitate the obtaining of the divorce. |
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| a divorce obtained in a state to which one or both spouses traveled before returning to their original state. |
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| a divorce: a court's termination of a marriage. |
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| A no-fault ground of divorce that exists when the spouses live separately for a designated period of time. |
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Term
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Definition
| such discord exists between the spouses that it is impossible for them to live together in a normal marital relationship. |
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| irreconcilable differences |
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Definition
| such discord exists between the spouses that the marriage has undergone an irremediable breakdown. |
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| voluntary sexual intercourse between a married person and someone to whom he or she is not married |
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| the person who allegedly had voluntary sexual intercourse with a spouse charged with adultery |
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| additional evidence of a point beyond that offered by the person asserting the point. |
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| sexual intercourse between unmarried persons. |
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| fornication between two persons who live together. |
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| a tort committed by a person who has sexual relations with the plaintiff's spouse. |
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| the infliction of serious physical or mental suffering on another. |
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| one spouse voluntarily but without justification leaves another(without consent) for an uninterrupted period of time with the intent not to return to resume cohabitation. |
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| the conduct of the spouse who stayed home justified the other spouse's departure, or the spouse who stayed home refuses a sincere offer of reconciliation from the other spouse who intially left without justification. |
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| a bill of divorcement in a Jewish divorce. |
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| "I divorce you." words spoken by a husband to his wife in a Muslim divorce |
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| a declaration by a court that parites can live separate and apart even though they are still married to each other. |
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| court-ordered spousal support while the spouses are separated. |
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| legally independent of one's parent or legal guardian. |
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| automatically because or the law. Because the law mandates the result, not because a party agrees to produce the result. |
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Definition
| a domicile chosen by a person with the capacity to choosed. Domicile of origin is place of birth. |
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| domestic relations exception |
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Definition
| federal courts do not have subject matter jurisdiciton over divorce, alimony, or child-custody cases even if there is a diversity of citizenship among the parties. |
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Term
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| a thing, object, or status |
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Definition
| as a poor person (allowing the waiver of court fees). |
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| On one's own behalf. Representing oneself. |
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| a special guardian appointed by the court to represent the interests of antoher. |
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| while the litigation is going on. |
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| the process of submitting a dispute to a third party outside the judicial system who will resolve the dispute. |
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| the process of submitting a dispute to a third party outside the judicial system, who will help the parties reach their own resolution of the dispute. The mediator will not render a decision that the resolves the dispute. |
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| obstructingg or assailing the authority or dignity of the court such as by intentiionally violating a court order. |
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| a document directing a court officer to seize the property or someone who lost a judgment, sell it, and pay the winner of the judgement. |
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| a process whereby a debtor's property under the control of another is given to a third person to whom the debtor owes a debt. |
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Definition
| a trust created by operation of law against one who has obtained legal possession of property (or legal rights to property) through fraud, duress, abuse of confidence, or other unconscionable conduct. |
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Term
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Definition
| both the planitiff and the defendant appear at the hearing or other court proceeding to contest all the issues. |
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Term
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Definition
| party is prevented form doing something because it would be unfair to allow him or her to do it. |
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Term
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Term
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| the state in whih the parties are now litigating a case |
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Definition
| service of process other than by handing the process documents ot the defendant in person. |
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| subject matter jurisdiction |
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| a state statute or constitutional provision gives the court the power to hear cases involving the subject matter. |
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Term
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| the place where someone is living at a particular time. a person can have many residences. |
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| The place where someone has physically been with the intention to make that place thier permanent home. It is the place to which one would intend to return when away. A person can only have one domicile. |
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| divorce obtained in a state to which one or both spouses traveled before returning to thier original state. |
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Term
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Definition
| a divorce decree obtained in a state other than the state where an attempt is make to enforce that decree. |
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| a migrartory divorce obtained in what is often called a divorce mill state. |
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| a state where the procedural requirements for divorce are very slight in order to encourage out or state citizens to come in for a divorce and spend money. |
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Term
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| results in an agrrement or conspiracy betwwen spouses to commit fraud on the court by falsely letting it appear that they qualify prcedurally or substantively for a divorce. |
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| granted because defendant failed to appear in court. |
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divorce judgment that is enforcable only in part.
dissolve marriage
alimony
child support |
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Definition
| a case in shich the divorce itself is tried separately form other issues in the marriage. |
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| a divorce granted when both parites were present |
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| a divorce granted when only one party is present. Court may not have had jurisdiction over the defendant. |
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| a divorce granted to both husband and wife. |
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| divorce where parties agree. The defendant does not need to be there. |
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Definition
| divorce granted after defendant appeared and contested some or all of the complaints. |
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Definition
| a judicial separation; a limited divorce. The parties are not free to remarry since they are still married. |
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Definition
| a judicial separation; a divorce a mensa et thoro |
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| divorce a vinculo matrimonii |
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Definition
| an absolute divorce. The parties are no longer married. They are free to remarry. |
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