| Spouses as Witnesses in Divorce Proceedings |
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| In general, either spouse can testify in a ''no fault'' divorce proceeding, in a fault-based divorce proceeding, in a property settlement hearing, or in proceedings relating to custody determinations. While such testimony can be highly relevant in a divorce proceeding, there are some rules (including the marital communications and anti-marital facts privileges) that come into play when considering the admissibility of such testimony. More... |
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| Temporary Counsel Fees in Divorce |
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| Courts may grant interim attorney fees, while a divorce case is pending, to the spouse who lacks control over the marital assets that will be used to pay the fees. Granting interim relief in a divorce proceeding serves to promote fairness and impartiality by enabling the dependent spouse to maintain or defend the divorce action without being placed at a financial disadvantage. The dependent spouse often can secure attorney fees for appeals as well. Temporary counsel fees often can be estimated by using "rule of thumb" or local custom. More... |
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| Grounds for Annulment: Mental Incapacity |
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| Under the law, a marriage is voidable in cases where either of the spouses is incapable of understanding the contract of marriage. Some states hold that if the party is incapable of understanding because of insanity or serious mental disorder, the marriage is void. Some state statutes provide that mental illness can be a ground for annulment if the defect prevents the afflicted spouse from appreciating the contract and conferring thoughtful consent to the marriage. More... |
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| Defenses in Fault-based Divorce: Condonation and Reconciliation |
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| States traditionally have considered condonation and reconciliation to be common law affirmative defenses to fault-based divorce actions. Under that scenario, the defendant was required to plead and prove the defense. In states that allow fault-based divorce and that have comprehensive divorce statutes, the general movement has been to limit or eliminate common law divorce defenses such as condonation and reconciliation. More... |
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| Temporary Orders for Protection of Marital Assets in Divorce |
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| In a divorce, temporary orders for property protection are designed to prevent irreparable losses from dissipation, concealment, or conveyance to third parties. Such orders include orders directing one spouse not to dispose of marital property, encumber marital property, or interfere with property in the other spouse's possession. Courts also may issue temporary orders to prevent third parties from degrading or dissipating marital property that is in the third parties' possession or control. The orders also may take an affirmative tone by ordering a spouse to maintain insurance and utility service and continue other routine property-preserving activities. Temporary property protection orders often are necessary whenever invaluable assets are involved. It is common for temporary orders to grant one spouse the right to use an item, and to provide compensating support to the other spouse until the assets are divided and distributed. More... |
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