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6 Cards in this Set
- Front
- Back
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What's going on with domicile and divorce?
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Domicile of one of the parties is a basis for a state court to exercise divorce jurisdiction. Domicile generally requires both physical presence in the state and the intent to make the state a permanent home.
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What's the additional residency requirement in Texas that one ups domicile?
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At least one of the parties must have been (1) domiciled in the state for six months prior to th filing of the divorce action; and (2) a resident of the county in which the suit is filed for the preceding 90-day-period.
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What's condonation?
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A defense to the action for divorce which means forgiveness of the other spouse's marital wrong by words or conduct, including continued cohabitation. It is a defense to a suit for divorce only if the court finds that there is a reasonable expectation of reconciliation.
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Does the obligation to pay future maintenance terminate on the death or remarriage of a spouse in TX?
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Yes, it terminates on the death of either spouse or the remariage of the supported spouse.
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What are the general requirements to find abandonment?
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Leaving the child for a specific amount of time must be coupled with either an intent to abandon the child or lack of support.
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What are the requirements for a court to award spousal support in TX?
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(1) the marriage must have lasted at least 10 years
(2) the spouse seeking maintenance must lack sufficient property to provide for his or her "minimum reasonable needs" (3) that spouse must be: (a) unable to support himself or herself through appropriate employment because of incapacitating physical or mental disability; (b) the custodian of a child of the marriage of any age who requires substatial care and personal supervision, so the spouse cannot be employed outside the home; or (c) a person who clearly lacks earning ability in the labor market adequate to provide support for the spouse's minimum reasonable needs |
