Property Division in Divorce: Inheritance

Generally, the concepts of equitable distribution and community property distribution in divorce cases do not apply to property that a spouse inherits from a third party during marriage. Ordinarily, property that a spouse inherits from a third party during marriage is considered that spouse's separate property. Inheritance includes acquisition through wills, trusts, probate, or intestacy.

Valuation of Non-Economic Contributions with Respect to Property Division in Divorce

The concept of equitable distribution of marital property takes into consideration both economic and non-economic contribution of the spouses towards marital property acquisition. During divorce, all marital property is divided between the spouses according to the distribution scheme available in the state where the divorce occurs. Unequal division between spouses can result from factors such as the length of the marriage, the property brought to the marriage by each party, whether one party has substantial assets not subject to division, the parties' contributions to the marriage, and other factors. Spouses' non-economic contributions have become a major factor in the division of marital assets during divorce. Sometimes, they are mentioned as the "services rendered by a spouse." Non-economic contributions become a critical factor in cases where the contributing spouse does not work at all.

Uniform Premarital Agreement Act

A premarital agreement, also known as a prenuptial or ante-nuptial agreement, is an agreement made between the parties in anticipation of their marriage. Such agreements can cover issues such as property division upon divorce, as well as child custody, child support, and alimony. Although premarital agreements have been increasingly embraced for their ability to resolve complex property and support issues without resort to trial, the lack of uniform language included in such agreements has been noted as potentially problematic.

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).

Grounds for Annulment: Concealment

Concealment and misrepresentation are used very commonly in annulment proceedings as part of the fraud ground. Most of the time, annulments for fraud are not granted as a matter of right and are granted only after close consideration. In most states, the courts require clear and convincing evidence of fraud and a showing that the injured party would not have married but for the fraud.