| Role of Expert Witnesses in Divorce Proceedings |
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| Witnesses can be fact witnesses who testify to facts, or expert witnesses who can testify to facts as well as give their opinions. Expert witnesses are engaged to provide testimony regarding their knowledge in a particular subject. Such knowledge is beyond that of the average person by virtue of the expert's education, profession or experience so that their opinion will assist the judge or jury in making a decision. In divorce proceedings, many times physicians, psychologists, social workers, pension analysts, and appraisers are engaged as experts. More... |
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| Defenses in Fault-based Divorce: Condonation and Reconciliation |
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| States traditionally have considered condonation and reconciliation to be common law affirmative defenses to fault-based divorce actions. Under that scenario, the defendant was required to plead and prove the defense. In states that allow fault-based divorce and that have comprehensive divorce statutes, the general movement has been to limit or eliminate common law divorce defenses such as condonation and reconciliation. More... |
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| Property Division in Divorce: Valuation of Marital Property |
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| In divorce cases, courts usually must divide the parties' marital property between them. Marital property usually includes both marital assets and marital debts, and generally consists of all property acquired by both or either of the spouses during the marriage, other than property acquired by inheritance or gift from a third party. State divorce laws handle marital property differently depending on whether the state follows equitable distribution, straight community property, "all property," or dual property rules. More... |
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| Impact of Domestic Relations Issues in Divorce Cases |
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| Divorce or the dissolution of a marriage is a very delicate process, and it totally recasts the parties' domestic relations for practical purposes. Divorce involves more than the spouses, and their children, properties, financial commitments and liabilities, and the emotions of everyone by the divorce should be considered. Divorce and domestic relations issues are deeply personal matters, and the family issues that lead to divorce are numerous. Domestic disputes that cause a divorce often reverberate throughout the divorce process and beyond, potentially for years if the spouses have children. Particularly when there has been abuse in the marital relationship, the physical, emotional, and psychological impact on the parties can last far beyond the entry of the final divorce decree. More... |
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| Use of Collaborative Law in Divorce |
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| Collaborative law is a method of family law dispute resolution in which divorcing spouses settle their differences out of court. The trend towards collaborative law developed from a desire to avoid lengthy legal and court proceedings while still reaching a compromise mutually acceptable to all parties. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution. More... |
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