| Property Division in Divorce: Partition |
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| For purposes of divorce, "partition" is a legal process that divides property, usually real property, into fractional shares for the spouses. Divorce or legal separation establishes grounds for partition in a divorce for jointly-owned marital assets of the spouses. More... |
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| Fault-Based Divorce: Impotence |
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| Impotence of either spouse is considered as one of the traditional fault grounds for divorce, and it remains a ground for fault-based divorce in some states. Some of those states allow grounds for annulment also to be grounds for fault-based divorce, and that includes impotence. In those states, the marriage is voidable if the afflicted spouse is found to have been impotent at the time of marriage and to have remained impotent up to the time the petition is filed. Generally, the petitioning spouse must prove that the impotent spouse is incapable of having sexual intercourse in order to get a divorce on this ground. Some of the states that retain impotence as a ground for divorce require that the impotence be permanent and incurable. In the case of the impotent husband, the advent of drugs to treat erectile dysfunction may affect that standard. More... |
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| Alimony: Rehabilitative Spousal Support |
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| 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... |
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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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| Grounds for Annulment: Underage |
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| In the United States, all but one state require that a person must attain the age of 18 years in order to marry without parental permission. Nebraska sets that age at 19. Some states allow marriage below the minimum age, with court approval, in cases of pregnancy or the birth of an illegitimate child. Although a marriage of underage parties might be void, it can be validated by parental consent in some states. More... |
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