| Fault-based Divorce: Abandonment |
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| Abandonment, also known as "desertion," is a ground for fault-based divorce in a majority of states. Abandonment is defined as one spouse's leaving the marital home without the other spouse's consent and without any justifiable reason. Some courts have drawn a slight distinction between abandonment and desertion by stating that desertion involves an intention to sever the relationship, but abandonment does not have that requirement. Some state statutes require that there must be a continuous abandonment for a certain period of time before the filing of a divorce petition. 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: Inheritance |
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| Generally, the concepts of equitable distribution and community property distribution in divorce cases do not apply to property that a spouse inherits from a third party during marriage. Ordinarily, property that a spouse inherits from a third party during marriage is considered that spouse's separate property. Inheritance includes acquisition through wills, trusts, probate, or intestacy. More... |
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| Role of Valuation Experts in Divorce |
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| Property division between the spouses is an important issue in a divorce proceeding. Ascertaining the correct and proper value of the assets and properties of the spouses is key to ensuring a fair and equitable division of the parties' assets. The advice of an expert, who is skilled either by training, special knowledge, education or experience in the specific field beyond the knowledge of an ordinary layman, will be of great help for clearly defining and ascertaining the value of property for future divisions and tax procedures, etc. A common example would be an accountant with specific knowledge of the formulas utilized to calculate the present value of various retirement interests. More... |
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| Dischargeability in Bankruptcy of Obligations for Alimony, Domestic Support, and Maintenance |
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| Dischargeability of debt is one of the core principles in bankruptcy law, and it plays a large part in the "fresh start" for debtors. Discharge cancels debt and stops collection activity for the discharged debt. There are a variety of debts that are not dischargeable in bankruptcy, including alimony and child support. More... |
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