Divorce Newsletters

Temporary Orders for Protection of Marital Assets in Divorce

In a divorce, temporary orders for property protection are designed to prevent irreparable losses from dissipation, concealment, or conveyance to third parties. Such orders include orders directing one spouse not to dispose of marital property, encumber marital property, or interfere with property in the other spouse's possession. Courts also may issue temporary orders to prevent third parties from degrading or dissipating marital property that is in the third parties' possession or control. The orders also may take an affirmative tone by ordering a spouse to maintain insurance and utility service and continue other routine property-preserving activities. Temporary property protection orders often are necessary whenever invaluable assets are involved. It is common for temporary orders to grant one spouse the right to use an item, and to provide compensating support to the other spouse until the assets are divided and distributed.

Valuation of Marital Property in Divorce Proceedings

One of the most critical parts of the property distribution process in divorce is ensuring that the marital assets have been properly valued. Either an overvaluation or an undervaluation of the spouses' marital property can prevent the parties from receiving their fair share when their assets are divided.

Children as Witnesses in Divorce Proceedings

In recent years, children have increasingly been called upon to be witnesses in their parents' divorce proceedings. In some contested fault-based divorces, children have supplied testimony as to cruelty or adultery by one of the spouses. In other instances, children have been a part of custody matters, including offering testimony as to being poorly supervised by one of their parents and as to any neglectful conditions in the family home.

Defenses Available in an Annulment Proceeding

Under certain circumstances, the non-filing party may assert defenses that are not unique to annulment actions. As with any lawsuit, a defendant may raise the defenses of lack of jurisdiction, improper venue, inappropriate remedy, or lack of notice.

Fault-based Divorce: Cruelty

There are two basic approaches to divorce: fault-based divorce and "no fault" divorce. Most states permit a "no fault" divorce on the grounds that the marriage is irretrievably broken. Some states still require a fault-based divorce, some allow no-fault divorces, and a few states permit both. The fault grounds or reasons for divorce vary from state to state. Cruelty is a specific fault ground for divorce in most of the states that allow fault based divorces. Prior to the introduction of no-fault divorce grounds, cruelty was the most frequently used reason in seeking a divorce.