| Grounds for Annulment: Concealment |
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| Concealment and misrepresentation are used very commonly in annulment proceedings as part of the fraud ground. Most of the time, annulments for fraud are not granted as a matter of right and are granted only after close consideration. In most states, the courts require clear and convincing evidence of fraud and a showing that the injured party would not have married but for the fraud. More... |
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| Alimony: Rehabilitative Spousal Support |
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| Alimony awards, also called "spousal support," are usually granted at the court's discretion upon a determination, which takes into account certain factors, that spousal maintenance is necessary. Some of the factors considered when determining alimony payments include the education of the spouses, their respective work experiences, income histories, ages, health, the length of the marriage, and the time either spouse has spent out of the work force. Alimony may be either temporary (often called "rehabilitative alimony") or permanent. The court grants rehabilitative spousal support when one spouse has been disadvantaged in order to equalize the burden of the divorce. More... |
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| Property Division in Divorce: Treatment of Workers' Compensation Benefits |
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| In common law equitable distribution states, the general presumption is that workers' compensation is treated as marital property if acquired during the marriage. In pure community property jurisdictions, it is treated as community property if acquired during marriage and as separate property if it is acquired before marriage or after marriage dissolution. More... |
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| Property Division in Divorce: Valuation of Marital Property |
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| In divorce cases, courts usually must divide the parties' marital property between them. Marital property usually includes both marital assets and marital debts, and generally consists of all property acquired by both or either of the spouses during the marriage, other than property acquired by inheritance or gift from a third party. State divorce laws handle marital property differently depending on whether the state follows equitable distribution, straight community property, "all property," or dual property rules. More... |
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| Temporary Exclusive Possession of the Marital Residence in Divorce |
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| One of the measures that may be put into place during a divorce proceeding is an order awarding temporary exclusive possession of the parties' marital residence to one of the spouses. Such an order is typically viewed as a harsh remedy and is only to be used when there is evidence of serious misconduct or abuse. More... |
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