| Fault-based Divorce: Insanity |
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| Insanity or mental illness is a ground for fault-based divorce in most states, while other states consider it a ground for no-fault divorce. Insanity is a state of mind in which the afflicted person cannot distinguish between right and wrong. It refers to the inability to handle individual responsibilities expected of ordinary persons in the daily course of life. An insane person may endanger his own life and that of others. More... |
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| Uncontested Divorce Actions |
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| In general, uncontested divorce actions occur when either of the spouses does not appear in court in a divorce proceeding or when both the spouses mutually agree upon a divorce and on matters relating to financial settlements, custody, and/or support of their minor children. Typically, that mutual agreement is shown in the divorce petition, and it may include a waiver of service. Uncontested actions may arise in proceedings for dissolution of marriage, annulment, and separation. 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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| 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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| Role of Mediation in Divorce |
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| The divorce process can be a very emotional and trying time in one's life. Often the process involves confrontations and complicated legal disputes. In recent years, divorce mediation has become more popular because it can be more effective, less costly, and yet a successful method for settling divorce disputes. Mediation is an alternative method of resolving matrimonial issues that are involved in divorce. It is a process in which couples can amicably work out marital, financial, and property-related disputes with the help of a neutral third party known as a mediator. More... |
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