| 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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| Date of Valuation With Respect to Property Division in Divorce |
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| One important factor in property division in divorce is the date of valuation of the spouses' assets and liabilities for purposes of dividing marital property. The courts must consider the date of valuation in order to establish a consistent basis for determining a fair distribution of marital property. Fixing values for different assets and liabilities at different times can affect the true value of assets and liabilities that a spouse receives. More... |
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| Lump Sum Spousal Support |
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| 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... |
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| Defenses in Fault-based Divorce: Recrimination |
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| Recrimination is a traditional equitable defense to fault-based divorce actions and is based on the principle that a person seeking justice must come to court with clean hands. It seeks to avoid divorce on the ground that the petitioner has engaged in conduct that would entitle the respondent spouse to a divorce. For example, if a wife files for divorce on the ground of her husband's cruelty and if she herself is guilty of committing cruelty against her husband, then the recrimination defense would act to prevent dissolution on the ground of the husband's cruelty. More... |
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| Alimony: Periodic Spousal Support |
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| Alimony, also called "spousal support," is common in many states. It is monetary support given to a dependent ex-spouse to maintain that ex-spouse's standard of living, as it existed during the marriage. Alimony also is given, regardless of the receiving spouse's sex, to compensate for faithful service provided as a homemaker, loss of employment opportunities and the foregone acquisition of skills for the sake of family, and sacrifices made during the marriage. More... |
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