| Grounds for Annulment: Mental Incapacity |
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| Under the law, a marriage is voidable in cases where either of the spouses is incapable of understanding the contract of marriage. Some states hold that if the party is incapable of understanding because of insanity or serious mental disorder, the marriage is void. Some state statutes provide that mental illness can be a ground for annulment if the defect prevents the afflicted spouse from appreciating the contract and conferring thoughtful consent to the marriage. More... |
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| Impact of Bankruptcy Laws on Divorce Generally |
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| Traditionally, the entire gamut of matrimonial law has been a creature of state law, not federal law. As such, federal courts generally may not intervene in the marital area unless a particular issue comes into conflict with federal law. Bankruptcy is one such area, and it can arise because of the effect that divorce has on spouses' property ownership and financial situation. In divorces involving a complex asset structure or extensive and varied types of property, bankruptcy by both spouses certainly can affect marital property distribution, depending in part on what distribution scheme the forum state follows. Otherwise, it often is the bankruptcy of only one spouse initially that sets off the complicated bankruptcy-divorce scenario. More... |
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| Property Division in Divorce: Treatment of Workers' Compensation Benefits |
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| In common law equitable distribution states, the general presumption is that workers' compensation is treated as marital property if acquired during the marriage. In pure community property jurisdictions, it is treated as community property if acquired during marriage and as separate property if it is acquired before marriage or after marriage dissolution. 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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| 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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