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Divorce Newsletter

Divorce involving a member of the U.S. military

Military divorce involves a member of the uniformed services and his or her spouse, who may or may not be in the services. Even though military divorce may be similar to a usual divorce, there are a few differences, such as legal protections, jurisdiction of court, residency requirements for filing for divorce, division of military retirement benefits or pension, and provision for child support. A service member facing a divorce should be aware of the Servicemembers’ Civil Relief Act of 2003 and the Uniform Services Former Spouses’ Protection Act (USFSPA). More…

Fault-based Divorce: Adultery

There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states. More…

Property Division in Divorce: Partition

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…

Property Division in Divorce: Equitable Distribution

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…

Temporary Counsel Fees in Divorce

Courts may grant interim attorney fees, while a divorce case is pending, to the spouse who lacks control over the marital assets that will be used to pay the fees. Granting interim relief in a divorce proceeding serves to promote fairness and impartiality by enabling the dependent spouse to maintain or defend the divorce action without being placed at a financial disadvantage. The dependent spouse often can secure attorney fees for appeals as well. Temporary counsel fees often can be estimated by using “rule of thumb” or local custom. More…