| Defenses in Fault-based Divorce: Mental Illness |
|
| Divorce statutes in most states consider several defenses in case of fault-based divorce, such as recrimination, condonation, reconciliation, collusion, and connivance. States traditionally have allowed mental illness as a common law affirmative defense in fault-based divorce actions, particularly against charges of adultery, cruelty, and desertion. Under a typical scenario, the defendant was required to plead the defense and prove that mental illness prevented the defendant from recognizing that the offending act was wrong. In states that allow fault-based divorce and that have detailed statutory schemes governing divorce actions, the general movement has been to limit or eliminate common law divorce defenses such as mental illness. 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... |
|
|
| Vacatur of Divorce Judgments |
|
| "Vacatur" is an order of a court which sets aside or annuls a proceeding. When a judgment of divorce is vacated, the marital rights and status of the parties are restored, and the parties are placed in the position in which they were before the divorce. More... |
|
|
| Fault-based Divorce: Cruelty |
|
| 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... |
|
|
| Annulment Proceedings |
|
| Annulment is different from divorce because, in annulment, the marriage will be entirely nullified by the court as if the marriage never existed between the parties. Annulment thus will enable the parties to marry again. Annulment proceedings are restricted to the proof of certain grounds like fraud, insanity, cruelty, or insanity. More... |
|
|