Divorce Info
Absolute divorce - a divorce that is granted on the basis
of marital misconduct or a finding that the relationship is no longer workable
(also known as no-fault divorce). In an absolute divorce, the marriage is completely
dissolved and both parties are legally unmarried again.
Limited divorce - a separation of the two parties that terminates
cohabitation. In a limited divorce, the marriage is not dissolved and the parties
remain married to one another. Limited divorce is also known as "separation."
Another way to dissolve a marriage is annulment. When an annulment
is granted, it treats the marriage as though it never existed. An annulment
is not really a divorce, although it does dissolve a marriage. Annulments are
difficult to get, particularly if the marriage is long. Grounds for annulment
include:
Misrepresentation or fraud - this can include: lying about already
being married.
Concealment - examples of concealment include: concealing a felony
conviction, concealing an addiction, and concealing a sexually transmitted disease.
Inability (or refusal) to consummate the marriage.
Misunderstanding - an example of a misunderstanding would be that one
party thought that the other wanted children when, in fact, they did not.
Alimony is defined as payment from one spouse to another for
support after divorce or separation. Alimony can be paid on a monthly basis,
or in a lump sum if allowed by the state. Alimony is paid by the supporting
spouse to the dependent spouse. In some states, if the dependent spouse committed
adultery, that spouse is not entitled to alimony. The factors that courts consider
when granting alimony vary by state.
Most states consider such factors as the length of the marriage, the conduct
of the parties during the marriage, the age, health, station, occupation, amount
and sources of income, vocational skills, employability, estate, liabilities
and needs of each of the parties and the opportunity of each for future acquisition
of capital assets and income. Courts generally also consider the contribution
of each of the parties in the acquisition, preservation or appreciation in value
of their respective estates and the contribution of each of the parties as a
homemaker to the family unit. Alimony can continue indefinitely, until death
or remarriage, or can be set for a fixed period of time.
Paternity refers to the determination of who the father of
a child is in order to arrange child support payments and custody. There are
several types of fathers that may be required to pay child support:
Acknowledged father - the biological father of a child born to parents
who are not married. In this case, paternity can be established through admission
of the father or an agreement between the parents of the child.
Presumed father - a man can be presumed the father of a child if he
was married to the mother of the child when the child was conceived or born,
if he attempted to marry the mother of the child when the child was conceived
or born, if he married the mother after the birth of the child and agreed to
support the child or have his name put on the birth certificate, or if he welcomed
the child into his home as his own.
Equitable father - a father who is not the biological or adoptive parent
of a child. An equitable father can be granted custody or visitation rights
if a close relationship with the child exists or if the biological parents of
the child encourage the relationship.
Unwed father - a man who has not married the woman with whom he has
conceived a child. In this instance, the man has no legal recourse if the woman
decides to undergo an abortion, but if the child is born he may be expected
to pay child support and can be granted visitation rights or custody of the
child.
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