| 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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| Property Division in Divorce: Inheritance |
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| Generally, the concepts of equitable distribution and community property distribution in divorce cases do not apply to property that a spouse inherits from a third party during marriage. Ordinarily, property that a spouse inherits from a third party during marriage is considered that spouse's separate property. Inheritance includes acquisition through wills, trusts, probate, or intestacy. More... |
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| Property Division in Divorce: Equitable Distribution |
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| As the name implies, "equitable distribution" seeks to give the divorce court some discretion to distribute property equitably in divorce. Many common-law states and some community property states use equitable distribution for dividing marital assets and debts between divorcing spouses. Many equitable distribution states also apply the scheme to divisible property, and some so-called "all property" states may apply it to all of the spouses' property. More... |
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| Effect of Annulment |
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| Usually, an annulment action involves issues of property distribution together with problems involving maintenance, custody, and child support. Annulment nullifies the marriage, but not the legitimacy of the children born to the marriage. Parents in an annulled marriage have a duty to support their children born before and after annulment. Children born during the annulled marriage are considered legitimate, and they have the same rights as children of divorced parents. During annulment proceedings, when a wife applies for child support and the husband insists that he is not the father of the child, the court has jurisdiction over the paternity question. More... |
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| Temporary Exclusive Possession of the Marital Residence in Divorce |
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| One of the measures that may be put into place during a divorce proceeding is an order awarding temporary exclusive possession of the parties' marital residence to one of the spouses. Such an order is typically viewed as a harsh remedy and is only to be used when there is evidence of serious misconduct or abuse. More... |
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