| 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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| Temporary Order for Protection of the Person in Divorce |
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| In the divorce context, a temporary order for personal protection (sometimes called a "restraining order") is a court order prohibiting a spouse from contacting or harming the other spouse. Protection orders are common in situations involving spousal abuse or harassment. The orders usually are kept in place for the duration of the divorce case. More... |
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| Modification of Orders Affecting Use of Marital Home |
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| One issue that arises in divorce proceedings is the use and possession of the family home, particularly when the spouses are living in the same house and both require use and possession of the home. If the parties have minor children, the custodial parent usually receives the right to use and possess the home in order to safeguard the children's interest. This right is given to the custodial parent as a form of maintenance or support, in the court's discretion. The right given to one of the spouses is limited to a specific period after the divorce, which is determined by the court. That benefit may last in some form until the parties' youngest child no longer is a minor. More... |
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| Fault-based Divorce: Cruelty |
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| There are two basic approaches to divorce: fault-based divorce and "no fault" divorce. Most states permit a "no fault" divorce on the grounds that the marriage is irretrievably broken. Some states still require a fault-based divorce, some allow no-fault divorces, and a few states permit both. The fault grounds or reasons for divorce vary from state to state. Cruelty is a specific fault ground for divorce in most of the states that allow fault based divorces. Prior to the introduction of no-fault divorce grounds, cruelty was the most frequently used reason in seeking a divorce. More... |
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| Property Division in Divorce: Prenuptial and Postnuptial Agreements |
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| Prenuptial and postnuptial agreements refer to agreements made between the spouses before and after marriage, respectively. Among other things, these contracts enable the spouses to define their respective property rights, which can be very helpful in cases of divorce or legal separation. More... |
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