| 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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| Spouses as Witnesses in Divorce Proceedings |
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| In general, either spouse can testify in a ''no fault'' divorce proceeding, in a fault-based divorce proceeding, in a property settlement hearing, or in proceedings relating to custody determinations. While such testimony can be highly relevant in a divorce proceeding, there are some rules (including the marital communications and anti-marital facts privileges) that come into play when considering the admissibility of such testimony. 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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| Vacatur of Divorce Judgments |
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| "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... |
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| 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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