| 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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| 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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| Attorney Fee Awards in Community Property States |
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| In an action for divorce under the common law, the power to grant a party attorney's fees and expenses is within the discretion of the court. Some courts exercise such power as a part of general equity and when warranted by the parties' relative ability to pay counsel fees. Numerous factors are considered by the court in awarding such fees, the most significant of which being the time spent and the services rendered by an attorney in representing a party in the divorce. More... |
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| Impact of Domestic Relations Issues in Divorce Cases |
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| Divorce or the dissolution of a marriage is a very delicate process, and it totally recasts the parties' domestic relations for practical purposes. Divorce involves more than the spouses, and their children, properties, financial commitments and liabilities, and the emotions of everyone by the divorce should be considered. Divorce and domestic relations issues are deeply personal matters, and the family issues that lead to divorce are numerous. Domestic disputes that cause a divorce often reverberate throughout the divorce process and beyond, potentially for years if the spouses have children. Particularly when there has been abuse in the marital relationship, the physical, emotional, and psychological impact on the parties can last far beyond the entry of the final divorce decree. More... |
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| Domicile and Residence Issues in Divorce |
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| In order to obtain divorce, domicile and residence are important factors. One party must be resident and domiciled in the state where the divorce is sought. In order for the court to obtain jurisdiction, the requirements are "actual residence" and legal domicile. Jurisdiction is determined at the time the divorce petition is filed. More... |
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