| Domicile and Residence Issues in Divorce |
|
| 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... |
|
|
| Lump Sum Spousal Support |
|
| Spousal support can be one of the most difficult issues to resolve in divorce. Spousal support, which is also referred to as alimony, involves an obligation by one spouse to make financial payments to the other spouse. Permanent spousal support involves the payment of support after a divorce is granted and until a further court ruling modifies or terminates the obligation. Permanent spousal support may be ordered in situations involving long-term marriages or in situations where one party cannot earn a living due to a disability or injury. Such spousal support can be paid in lump sum or on monthly basis. More... |
|
|
| Jurisdiction and Venue in Annulment Proceedings |
|
| The parties must establish proper jurisdiction and venue in order to initiate an annulment action. Usually, to obtain the jurisdiction and proper venue, the courts of the state where the parties were married have jurisdiction in an annulment action. In most states, if one of the parties wants to bring an action in a state court, that party must show that one of the parties has been residing in that particular state for the required period. Alternatively, a state has jurisdiction if either party has met that state's residency requirement. Venue is established if the party seeking the annulment of the marriage has met the domicile requirements within the court's jurisdiction. More... |
|
|
| Property Division in Divorce: Personal Injury Awards |
|
| Personal injury awards are paid to injury victims to compensate for personal injury, pain and suffering, lost wages, loss of future earning capacity, loss of consortium (i.e., loss of companionship), medical expenses and damages to property when the loss occurred due to another's negligence. In a divorce, a question might arise as to whether such awards can be considered as separate property or marital property, i.e. joint property of the spouses. There are two primary methods by which courts typically classify such awards as marital or separate property, i.e. the analytic approach and the mechanistic approach. More... |
|
|
| Impotence as Grounds for Annulment of Marriage |
|
| In some states, impotency can be grounds for annulment. If a spouse is physically impotent and the other spouse was unaware of the impotency prior to the marriage, the marriage can be voidable in some states. If a marriage was never consummated, this can constitute viable grounds for annulment. Impotency occurring after marriage is generally not in itself ground for annulment. More... |
|
|