Newsletters
Grounds for Annulment: Mental Incapacity
Under the law, a marriage is voidable in cases where either of the spouses is incapable of understanding the contract of marriage. Some states hold that if the party is incapable of understanding because of insanity or serious mental disorder, the marriage is void. Some state statutes provide that mental illness can be a ground for annulment if the defect prevents the afflicted spouse from appreciating the contract and conferring thoughtful consent to the marriage.
Annulment Proceedings
Annulment is different from divorce because, in annulment, the marriage will be entirely nullified by the court as if the marriage never existed between the parties. Annulment thus will enable the parties to marry again. Annulment proceedings are restricted to the proof of certain grounds like fraud, insanity, cruelty, or insanity.
Property Division in Divorce: Presumption Relating to Marital Property
Property division in divorce generally affects only marital property, but some states allow equitable distribution of separate property. Marital property is presumed to be property that is acquired by both or either of the spouses during their marriage. Divorce courts divide marital property according to the classification schemes in controlling statutes or caselaw.
Property Division in Divorce: Treatment of Workers' Compensation Benefits
In common law equitable distribution states, the general presumption is that workers' compensation is treated as marital property if acquired during the marriage. In pure community property jurisdictions, it is treated as community property if acquired during marriage and as separate property if it is acquired before marriage or after marriage dissolution.
Dischargeability in Bankruptcy of Obligations for Alimony, Domestic Support, and Maintenance
Dischargeability of debt is one of the core principles in bankruptcy law, and it plays a large part in the "fresh start" for debtors. Discharge cancels debt and stops collection activity for the discharged debt. There are a variety of debts that are not dischargeable in bankruptcy, including alimony and child support.
