Before no-fault divorces, many couples wanted to divorce, but neither spouse had a legal basis ground for the divorce. They would therefore pretend that one of them was committing adultery or was otherwise at fault in order to manufacture a ground for divorce.
This was collusion because they were cooperating in order to mislead the judge. If, before the divorce, the defendant decided he no longer wanted a divorce, he could raise the collusion as a defense to the divorce. Condonation is someone's approval of another's activities. For example, a wife who does not object to her husband's adultery may be said to condone it. In a fault divorce, condonation may constitute a defense to divorce. If the wife sues her husband for divorce, claiming he has committed adultery, the husband may argue as a defense that she condoned his behavior.
Connivance is the setting up of a situation so that the other person commits a wrongdoing. For example, a wife who invites her husband's co- respondent to the house and then leaves for the weekend may be said to have connived his adultery. In a fault divorce, connivance may constitute a defense to divorce. If the wife sues her husband for divorce, claiming he has committed adultery, the husband may argue as a defense that she connived - that is, set up - his actions. Provocation is the inciting of another to do a certain act.
In a fault divorce, provocation may constitute a defense. For example, if the spouse suing for divorce claims that the other spouse abandoned her, her spouse might defend the suit on the ground that she provoked the abandonment. To obtain a divorce, a plaintiff must meet several requirements - grounds for a divorce, legal adulthood and residency in the state.
Residency means living in a particular place with the intention of remaining there. States require a spouse to be a resident of a state before filing for a divorce there. States do not require someone who wants to file for a divorce to prove that he is a resident; instead, the state just looks to the fact that he is residing there as indication that he plans to stay indefinitely. Travel for any length of time does not affect residency for the purpose of obtaining a divorce.
Thus, if Henry moved to New Hampshire from Florida, lived there for several years, and then took a leisurely trip around the world, he could still return to New Hampshire and file for divorce based on his prior established residency. Virtually all states require that someone live in the state for a certain period of time - often six months - before filing for divorce. This is called a durational residency requirement. No state has a residency requirement for getting married.
When a couple divorces, they may agree on some or all of the issues relating to the division of property, custody and visitation of the children, alimony and child support. If the agreement is put in writing, signed by the parties and accepted by the court, it is called a divorce agreement, marital settlement agreement, marital termination agreement or settlement agreement. The agreement becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement.
Upon divorce, couples commonly enter into a divorce agreement which divides marital property and may set alimony. The agreement is called integrated if the property settlement and alimony payments are combined into either one lump sum payment or periodic payments. Integrated agreements are often used when the marital property consists of substantial intangible assets for example, future royalties, stock options, future pension plans or when one party is buying the other's interest in a valuable tangible asset for example, a home or business.
In addition, if a spouse is entitled to little or no alimony, but is not financially independent, periodic payments may help that spouse gain financial independence. Most integrated property settlement agreements cannot later be changed at the request of one of the parties unless he can show the agreement was entered into under fraud or duress. This is because the alimony and property division are so intertwined that a later modification would create a substantial risk of unfairness to one of the parties.
Reconciliation is the getting back together of a couple who have continuously lived apart for a period of time. Reconciliation requires more than occasional sex or living together; it r equires that the couple actually intend to resume their marriage. If a judge determines that parties to a divorce have reconciled, a pending divorce complaint may be denied. If, however, an interlocutory judgment of divorce has been issued prior to the reconciliation, the judgment's terms concerning the division of property will remain in effect unless the spouses seek to have it set aside.
Many states require a waiting period between the interlocutory and final judgments to give the parties an opportunity to reconcile. This is called a cooling-off period and can be three months to a year, depending on state law. Once the divorce becomes final, however, the marriage cannot be reconciled that is, the couple must remarry. In a few states, persons contemplating divorce can get help from court- provided services that attempt to bring the parties back together conciliation or help them work out some disputed issues mediation.
Some states also offer conciliation services and mediation to divorcing spouses to help resolve disputes over child support, alimony, custody, visitation and division of property through negotiation rather than adversarial court proceedings. Mediation is a non-adversarial process where a neutral person a mediator meets with disputing persons often parties to a lawsuit or a threatened lawsuit to help them settle the dispute. The mediator, however, does not have the power to impose a solution on the parties. Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property.
Some lawyers and mental health professionals employ mediation as part of their practice. A woman's surname given to her at birth is her maiden name. She may have another former name from a previous marriage or other name change. A divorcing woman who took her husband's name at marriage has the option of returning to her maiden name, a former married name if she has been married more than once , keeping her married name or choosing something completely new.
A woman's surname is not automatically changed by marriage; the change becomes effective only if the woman starts using her husband's surname. Head of household is the federal income tax status of a single person who contributes more than one half toward the support of a non-spouse relative.
Not all states allow a bifurcated divorce. Finding the right financial professional can help you close one chapter of your life in a fair way, and move on to find better value in your personal and financial future. Gifts In Missouri, and property that was acquired as a gift specifically to one spouse is considered separate property. Facebook Linkedin. Quick Links Download Firm Brochure.
The relative must be a parent including a stepparent or grandparent , child including stepchild or grandchild or sibling including half-sibling. The head of household tax rate is higher than that for married persons filing jointly, but lower than that for single persons. Head of household tax status is important for single parents, and divorcing parents often argue over which one is entitled to the head of household filing status.
Because the one who claims head of household must contribute more than half of the support, both parents cannot claim it. Divorce can affect a couple's life and health insurance. If a spouse is named as a beneficiary in a life insurance policy, some states' laws change the beneficiary automatically if the couple divorces and the holder of the policy remarries.
Thus, even if the policyholder forgets to change the beneficiary, the new spouse, not the ex-spouse, will get the proceeds.
In a few states, if there is no remarriage, the ex-spouse may still be automatically taken off the policy and the proceeds given to the insured's children. Some judges require an ex-spouse who pays alimony or child support to make the recipients of the support beneficiaries of a life insurance policy. Divorce can also affect health insurance coverage.
Some states have automatic conversion laws requiring the financially independent spouse to continue to cover the financially dependent spouse after divorce until the dependent spouse becomes financially independent. Also, the federal Consolidated Omnibus Budget Reconciliation Act -COBRA- makes an ex-spouse eligible to receive for the three years following the divorce, any group rate health insurance provided by her ex- husband's employer.
Section B f. This can be done by gathering statements from witnesses or law enforcement, social services agencies, family members or others who can provide first-hand evidence and insights. Bifurcation is allowed in Missouri. It means that both parties in a divorce can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce. The marriage is terminated at that point.
It also means that the financial aspects of the divorce such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or that have become major sticking points will be finalized at a later date. The downside of bifurcation is that it can result in two trials and more expenses and if a spouse is looking for a fresh start more quickly, bifurcation can hold one spouse hostage at the whims of the other.
In Missouri, spouses are required to disclose all income, expenses, assets, and debt that is both marital and separate as part of a divorce.
It is illegal for one spouse to hide assets because this can impact an equitable division of assets.