| No-Fault Divorce: Irretrievable Breakdown |
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| For purposes of no-fault divorce, states use various terms to describe the basic concept of marital breakdown, including irreconcilable differences, incompatibility, insupportability, and irretrievable breakdown. The realization that existing divorce laws no longer comported with the modern marriage experience and marital life led most states to recognize marital disharmony as a basis for no-fault divorce. Statutes usually provide some definition for the concept, and courts often have discretion to apply the standard in individual divorce proceedings. 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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| Fault-based Divorce: Bigamy |
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| Bigamy is a criminal offense. It is the act of entering into a second marriage willfully and knowingly during the existence of the valid bond of a first marriage. Some states consider bigamy as a ground for fault-based divorce. More... |
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| Community Property in Divorce |
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| In a pure community property system, property acquired during marriage other than by gift or inheritance from a third party is presumed to be community property and will be divided equally between the parties in divorce. Property that a spouse brings into the marriage or acquires during marriage by gift or inheritance from a third party is presumed to be separate property. Community property states generally consider a gift from one spouse to the other to be the recipient's separate property. More... |
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| Property Division in Divorce: Presumption Relating to Marital Property |
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| Property division in divorce generally affects only marital property, but some states allow equitable distribution of separate property. Marital property is presumed to be property that is acquired by both or either of the spouses during their marriage. Divorce courts divide marital property according to the classification schemes in controlling statutes or caselaw. More... |
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