Divorce Newsletters

Defenses in Fault-based Divorce: Condonation and Reconciliation

States traditionally have considered condonation and reconciliation to be common law affirmative defenses to fault-based divorce actions. Under that scenario, the defendant was required to plead and prove the defense. In states that allow fault-based divorce and that have comprehensive divorce statutes, the general movement has been to limit or eliminate common law divorce defenses such as condonation and reconciliation.

Lump Sum Spousal Support

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.

Property Division in Divorce: Commingling and Tracing

The terms "commingling" and "tracing" are related concepts in the identification and division of property in divorce proceedings. Commingling occurs when a spouse or both spouses treat separate property in such a way that it loses its separate property character. Common ways for that to happen is for a spouse to use his or her separate property to pay marital debts, purchase marital property, collateralize a marital debt, or allow the other spouse to use the property as if it is marital property.

Spouses as Witnesses in Divorce Proceedings

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.

Vacatur of Divorce Judgments

"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.