| Attorney Fee Awards in Community Property States |
|
| In an action for divorce under the common law, the power to grant a party attorney's fees and expenses is within the discretion of the court. Some courts exercise such power as a part of general equity and when warranted by the parties' relative ability to pay counsel fees. Numerous factors are considered by the court in awarding such fees, the most significant of which being the time spent and the services rendered by an attorney in representing a party in the divorce. More... |
|
|
| Annulment and the "Relation Back" Doctrine |
|
| By its legal definition, the "relation back doctrine" enables a plaintiff to correct a pleading error, by adding either a new claim or a new party, after the expiration of the statutory limitation period. In some cases, spouses who are parties to subsequent marriages have attempted to assert the "relation back" doctrine to persuade courts to reinstate/reinforce alimony or maintenance payments from their previous marriage(s). More... |
|
|
| Financial Discovery Issues in Divorce Cases |
|
| In divorce, financial discovery concentrates on the economic aspects of the marriage and the spouses' financial circumstances. Detailed financial discovery allows both spouses to obtain the information needed to present a complete and accurate representation of the family's assets and liabilities. With that information, the divorce court can fashion a fair marital property division and an appropriate support order. More... |
|
|
| Domicile and Residence Issues in Divorce |
|
| In order to obtain divorce, domicile and residence are important factors. One party must be resident and domiciled in the state where the divorce is sought. In order for the court to obtain jurisdiction, the requirements are "actual residence" and legal domicile. Jurisdiction is determined at the time the divorce petition is filed. More... |
|
|
| Alimony: Rehabilitative Spousal Support |
|
| 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... |
|
|