| 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... |
|
|
| Imprisonment as Grounds for Annulment of Marriage |
|
| Annulment is very different from divorce, even though some grounds for annulment are similar to divorce. Some grounds available in divorce are not available in annulment. In most states, if a spouse is convicted for a serious crime and imprisoned consecutively for three years, imprisonment can be a ground for a divorce. While imprisonment is generally not a ground for annulment of marriage, in some states, if the defendant conceals his or her criminal record such as conviction and imprisonment from another spouse, this is considered fraud and can be grounds for annulment. Further, in some states, inmates imprisoned for life may not marry. More... |
|
|
| Grounds for Annulment: Duress, Force, and Fraud |
|
| To base annulment on force, restraint, or threats, the duress must have been the inducing cause of the marriage such that the consent to marry would not have been given but for the duress. Moreover, the force or duress must continue to the time of the wedding ceremony. Annulment generally will not be granted for duress if the coerced spouse has the ability to escape or overcome the force or duress.
More... |
|
|
| Temporary Order for Protection of the Person in Divorce |
|
| 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... |
|
|
| 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... |
|
|