| 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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| 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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| Property Division in Divorce: Insurance Benefits |
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| In divorce, a critical issue impacting the treatment of insurance policies is whether the policy benefits are separate property or marital property. State divorce courts have reached varied answers on the question of whether a life insurance policy is separate or marital property. In some states, "whole life" insurance contracts have been held to be marital property and generally have been valued at their cash surrender value. "Term life" policies, on the other hand, which lack a surrender value, have not been considered divisible property. In states in which inheritances or gifts are classified as separate property, insurance proceeds usually are not treated as marital property for purposes of property distribution in divorce. Other courts have ruled that the proceeds of a life insurance policy purchased with community property should be treated as community property in a divorce. More... |
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| Temporary Counsel Fees in Divorce |
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| Courts may grant interim attorney fees, while a divorce case is pending, to the spouse who lacks control over the marital assets that will be used to pay the fees. Granting interim relief in a divorce proceeding serves to promote fairness and impartiality by enabling the dependent spouse to maintain or defend the divorce action without being placed at a financial disadvantage. The dependent spouse often can secure attorney fees for appeals as well. Temporary counsel fees often can be estimated by using "rule of thumb" or local custom. More... |
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| Fault-based Divorce: Adultery |
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| There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. More... |
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