Temporary Orders

In most cases in the divorce process, a temporary order acts in a similar way as a short term divorce decree. They are considered guidelines that are legally binding by both parties in the marriage until the divorce court rules on the final divorce decree. Some of the things that are generally specified… Read Full Post

Legal Separation Basics

There are many ways that people refer to legal separation, including divorce from bed-and-board, judicial separation, divorce a mensa et thoro, and separate maintenance. Basically, it is a way to stay legally married with a formalized de facto separation. In many situations a married couple has certain moral or religious objections to filing… Read Full Post

Tax Consequences of Alimony

As Defined in Section 71 of the U.S. Internal Revenue Code, it is mandatory that alimony (spousal support) is included in the recipient’s gross income. On the other hand, the payer is able to exclude it from gross income. In order for the payments made to qualify as alimony, the following must be… Read Full Post

At Fault Divorce

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The innocent spouse was then granted the divorce from the guilty spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty,… Read Full Post

No Fault Divorce

No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner… Read Full Post

Interrogatories

Interrogatories (Requests for Further Information) are often used in the divorce process as written questions dealing with legal or factual contentions. These requests for further information are asked by one of the parties in the divorce, and are required to be answered by the other party.
The purpose of interrogatories are to add clarity to the… Read Full Post

Depositions

A deposition is a generic legal term that refers to written or oral questions.
Written Depositions
In a written deposition, a document consisting of written questions (interrogatories) is prepared by counsel and given to the accused to answer accordingly. A written deposition may only be used when the deponent is present at the deposition, or if… Read Full Post

Request for Disclosure

Request for disclosure is one aspect of the divorce discovery process. The purpose is to “discover” all relevant information about each party in the divorce.

Original Petition for Divorce

The original petition for divorce (known as a letter of complaint in some states), is the document that initiates the divorce process when filed with the court clerk. In starting the divorce, the original petition for divorce requests that the court grant the termination of marriage and will list the relief that each of the… Read Full Post

Divorce Decree

The final decree of divorce is one of the last things that happens in the divorce process. It is the court’s formal order that grants the termination of marriage. The signing and dating of the divorce decree by the judge and court clerk may also confirm a judgment in the case.
The five aspects usually covered… Read Full Post