| Fault-based Divorce: Insanity |
|
| Insanity or mental illness is a ground for fault-based divorce in most states, while other states consider it a ground for no-fault divorce. Insanity is a state of mind in which the afflicted person cannot distinguish between right and wrong. It refers to the inability to handle individual responsibilities expected of ordinary persons in the daily course of life. An insane person may endanger his own life and that of others. More... |
|
|
| Alimony: Rehabilitative Spousal Support |
|
| 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... |
|
|
| Fault-based Divorce: Adultery |
|
| There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. More... |
|
|
| Property Division in Divorce: Commingling and Tracing |
|
| The terms "commingling" and "tracing" are related concepts in the identification and division of property in divorce proceedings. Commingling occurs when a spouse or both spouses treat separate property in such a way that it loses its separate property character. Common ways for that to happen is for a spouse to use his or her separate property to pay marital debts, purchase marital property, collateralize a marital debt, or allow the other spouse to use the property as if it is marital property. More... |
|
|
| Role of Expert Witnesses in Divorce Proceedings |
|
| Witnesses can be fact witnesses who testify to facts, or expert witnesses who can testify to facts as well as give their opinions. Expert witnesses are engaged to provide testimony regarding their knowledge in a particular subject. Such knowledge is beyond that of the average person by virtue of the expert's education, profession or experience so that their opinion will assist the judge or jury in making a decision. In divorce proceedings, many times physicians, psychologists, social workers, pension analysts, and appraisers are engaged as experts. More... |
|
|