Also known as: divorces · divorced · divorcing · divortium · dissolution of marriage
Written by attorneys — see sources below.
A court-ordered termination of a marriage that severs the legal relationship between spouses.
Demetrius Douglas testified at trial that his sister had divorced her husband years earlier. The statement concerned the declarant's own divorce and was offered even though Demetrius lacked personal knowledge of the event. The court admitted the testimony under the hearsay exception for statements of personal or family history.
Dylan Duffy asked his lawyer to represent him in divorce proceedings on a contingent-fee basis tied to the property settlement. The lawyer declined because the arrangement would base payment on the amount recovered in the divorce. The client instead paid an hourly rate for the representation.
Dorothy Daniels executed a will during pending divorce proceedings that attempted to leave the marital home to her sister. The home was held as tenants by the entirety with her husband. Upon her death while still married, title passed to the surviving spouse by operation of law rather than under the will.
Damian Decker stopped contributing to household expenses after moving out of the marital home. His wife Destiny Davis petitioned the court for temporary support while the divorce action was pending. The court ordered payments based on her need and his ability to pay.
Dustin Donovan and his spouse agreed to arbitrate their divorce under the Uniform Family Law Arbitration Act. The arbitrator could dissolve the marriage and divide property but could not terminate parental rights. The resulting award was confirmed by the court.
Davenport Pharmaceuticals executive Dorothy Daniels filed a verified petition for dissolution of marriage. The petition alleged that the marriage was irretrievably broken and listed the parties' ages, occupations, and date of marriage as required by statute. The court accepted the petition and proceeded with the dissolution action.
A statement concerning a person's own divorce qualifies for the hearsay exception even if the declarant lacked personal knowledge of the fact.
A lawyer may not charge or collect a fee contingent on obtaining a divorce or on the amount of alimony, support, or property settlement awarded.
No. A will cannot dispose of property held as tenants by the entirety even if divorce proceedings are pending. Title passes to the surviving spouse by operation of law if the tenancy remains intact at death.
A spouse not receiving support may petition for alimony or child support in a pending divorce action, with the amount determined by the parties' respective need and ability to pay.
An arbitrator may grant a divorce or dissolution but may not terminate parental rights or grant an adoption or guardianship.
The verified petition must allege that the marriage is irretrievably broken and must include the age, occupation, and residence of each party along with the date and place of the marriage.
…Accordingly, Mr. Justice Field's opinion carefully noted that cases involving the personal status of the plaintiff, such as divorce actions, could be adjudicated in the plaintiff's home State even though the defendant could not be served within that State. 95 U. S., at 733-735. Similarly, the opinion approved the…