Say whether the following statements are true, false or incomplete. In case of false or incomplete statements give the correct version.

1. In a trial separation spouses live apart for a certain period, to decide if they want to separate permanently.

2. Living apart without intending to reunite changes the spouses' property rights.

3. Permanent separation is always preceded by trial separation.

4. Legal separation is not the same as divorce.

5. Separate maintenance is the money awarded for support of the spouse and children in legal separation.

6. Alimony and child support are the same as separate maintenance.

7. A "no fault" divorce does not require a spouse to prove that the other spouse did something wrong.

8. To get a no fault divorce, a spouse can state any reason.

Answer the following questions:

1. How is trial separation different from permanent separation?

2. How is legal separation different from other kinds of separation?

3. Is living apart the same as separation?

4. What are the reasons required for a no fault divorce?

5. What, do you think, these reasons mean?

Is a no fault divorce the only option even when there has been substantial wrongdoing?

In 15 states, yes. The other states allow a spouse to select either a no fault divorce or a fault divorce. Why choose a fault divorce? Some people don't want to wait out the period of separation required by their state's law for a no fault divorce. And in some states, a spouse who proves the other's fault may receive a greater share of the marital property or more alimony.

The traditional fault grounds are:

• cruelty (inflicting unnecessary emotional or physical pain)-this is the most frequently used ground

• adultery

• desertion for a specified length of time

• confinement in prison for a set number of years, and

• physical inability to engage in sexual intercourse, if it was not disclosed before marriage.

Can a spouse successfully prevent a court from granting a divorce?

One spouse cannot stop a no fault divorce. Objecting to the other spouse's request for divorce is itself an irreconcilable difference that would justify the divorce. A spouse can prevent a fault divorce, however, by convincing the court that he or she is not at fault. In addition, several other defenses to a divorce may be possible:

Collusion. If the only no fault divorce available in a state requires that the couple separate for a long time and the couple doesn't want to wait, they might pretend that one of them was at fault in order to manufacture a ground for divorce. This is collusion because they are cooperating in order to mislead the judge. If, before the divorce, one spouse no longer wants a divorce, he could raise the collusion as a defense.

Condonation. Condonation is someone's approval of another's activities. For example, a wife who does not object to her husband's adultery may be said to condone it. If the wife sues her husband for divorce, claiming he has committed adultery, the husband may argue as a defense that she condoned his behavior.

Connivance. Connivance is the setting up of a situation so that the other person commits a wrongdoing. For example, a wife who invites her husband's lover to the house and then leaves for the weekend may be said to have connived his adultery. If the wife sues her husband for divorce, claiming he has committed adultery, the husband may argue as a defense that she connived—that is, set up—his actions.

Provocation. Provocation is the inciting of another to do a certain act. If a spouse suing for divorce claims that the other spouse abandoned her, her spouse might defend the suit on the ground that she provoked the abandonment.

Find in the text English equivalents of the following phrases:

расторжение брака по вине супруга

нарушение супружеской верности, супружеская измена

оставление (напр. жены) - 1

оставление - 2

сговор (в целях обмана суда)

терпимость (особ, к супружеской неверности)

потворство, попустительство

провокация

Дата добавления: 2015-10-31