| Alimony: Rehabilitative Spousal Support |
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| Alimony awards, also called "spousal support," are usually granted at the court's discretion upon a determination, which takes into account certain factors, that spousal maintenance is necessary. Some of the factors considered when determining alimony payments include the education of the spouses, their respective work experiences, income histories, ages, health, the length of the marriage, and the time either spouse has spent out of the work force. Alimony may be either temporary (often called "rehabilitative alimony") or permanent. The court grants rehabilitative spousal support when one spouse has been disadvantaged in order to equalize the burden of the divorce. 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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| Grounds for Annulment: Duress, Force, and Fraud |
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| To base annulment on force, restraint, or threats, the duress must have been the inducing cause of the marriage such that the consent to marry would not have been given but for the duress. Moreover, the force or duress must continue to the time of the wedding ceremony. Annulment generally will not be granted for duress if the coerced spouse has the ability to escape or overcome the force or duress.
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| Defenses in Fault-based Divorce: Mental Illness |
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| Divorce statutes in most states consider several defenses in case of fault-based divorce, such as recrimination, condonation, reconciliation, collusion, and connivance. States traditionally have allowed mental illness as a common law affirmative defense in fault-based divorce actions, particularly against charges of adultery, cruelty, and desertion. Under a typical scenario, the defendant was required to plead the defense and prove that mental illness prevented the defendant from recognizing that the offending act was wrong. In states that allow fault-based divorce and that have detailed statutory schemes governing divorce actions, the general movement has been to limit or eliminate common law divorce defenses such as mental illness. More... |
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| Annulment Proceedings |
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| Annulment is different from divorce because, in annulment, the marriage will be entirely nullified by the court as if the marriage never existed between the parties. Annulment thus will enable the parties to marry again. Annulment proceedings are restricted to the proof of certain grounds like fraud, insanity, cruelty, or insanity. More... |
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