| Annulment and the "Relation Back" Doctrine |
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| 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... |
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| Modification of Orders Affecting Use of Marital Home |
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| One issue that arises in divorce proceedings is the use and possession of the family home, particularly when the spouses are living in the same house and both require use and possession of the home. If the parties have minor children, the custodial parent usually receives the right to use and possess the home in order to safeguard the children's interest. This right is given to the custodial parent as a form of maintenance or support, in the court's discretion. The right given to one of the spouses is limited to a specific period after the divorce, which is determined by the court. That benefit may last in some form until the parties' youngest child no longer is a minor. More... |
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| Property Division in Divorce: Prenuptial and Postnuptial Agreements |
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| Prenuptial and postnuptial agreements refer to agreements made between the spouses before and after marriage, respectively. Among other things, these contracts enable the spouses to define their respective property rights, which can be very helpful in cases of divorce or legal separation. More... |
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| Property Division in Divorce: Partition |
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| For purposes of divorce, "partition" is a legal process that divides property, usually real property, into fractional shares for the spouses. Divorce or legal separation establishes grounds for partition in a divorce for jointly-owned marital assets of the spouses. More... |
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| Valuation of Closely Held Businesses in Divorce Proceedings |
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| Generally, divorce cases involving thorny property issues can be complicated to resolve. This especially is true when the marital estate includes a closely-held business. A closely-held business usually presents one of two scenarios in the divorce context. The business may be tied to one spouse who is responsible for the business's success. Distribution of the business to one spouse often creates asset allocation and business valuation issues. It presents the problem of valuing the business and structuring the parties' assets and liabilities in order to provide the other spouse with a comparably valued property distribution. If the business depends on the operating spouse's good will and management, which many closely-held businesses do, then the true value can suffer under the emotional stress common in divorce even if the business is distributed to the key-person spouse. A business having one value when operated by the key-person spouse can have a far different value when distributed to the non-operating spouse. More... |
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