Also known as: marital dissolutions · divorce
Written by attorneys · grounded in primary & secondary sources — see below
A court-ordered termination of the marital relationship that ends the legal status of marriage. The decree resolves ancillary matters including property division, spousal support, and child custody when those issues are presented.
Marco Marquez testified at trial that his late uncle had told him years earlier about obtaining a divorce from his first wife. The court admitted the statement under the family-history exception even though the uncle lacked personal knowledge of the decree's entry. The ruling allowed the estate to establish the uncle's marital status at death without requiring the original court record.
Maya Malik asked her lawyer to represent her in a divorce on a fee equal to twenty percent of any property award she received. The lawyer declined the arrangement because the fee would be measured by the amount of the marital-property settlement. The client then retained counsel on an hourly basis instead.
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Michelle Murphy executed a will leaving the marital home to her adult son while divorce proceedings were pending. She died before the decree was entered, leaving the property titled as tenants by the entirety. Title passed automatically to her surviving husband by operation of law despite the will's contrary provision.
Miranda Morales and her husband signed a premarital agreement waiving all spousal support. At marital dissolution she qualified for public assistance because she had no other income. The court ordered her former husband to pay support sufficient to remove her from the public-assistance rolls.
Mina Mehta separated from her husband and received no financial support for six months. She petitioned the court for alimony and child support while the divorce action remained pending. The court set the amount based on her demonstrated need and her husband's ability to pay.
Mason McCarthy and his spouse agreed to arbitrate all issues arising from their marriage. The arbitrator issued an award granting a dissolution of marriage and dividing the marital estate. The court confirmed the award because the arbitration statute permits an arbitrator to grant a divorce.
A decree of legal separation that preserves the marriage does not terminate spousal status for intestate succession. The surviving spouse therefore retains the right to claim the statutory share unless a divorce or annulment has been entered.
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A lawyer may not enter into, charge, or collect a contingent fee in a domestic-relations matter when the fee is contingent on the securing of a divorce or on the amount of alimony, support, or property settlement.
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Title passes by operation of law to the surviving spouse if the tenancy remains intact at death. A will attempting to devise the property to a third party has no effect on the survivorship right absent wrongful conduct or unjust enrichment.
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A court may require the other party to provide support to the extent necessary to prevent eligibility for public assistance even if the agreement eliminates or modifies spousal support.
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An arbitrator may grant a divorce, legal separation, or dissolution of marriage under the Uniform Family Law Arbitration Act, but may not terminate parental rights or grant an adoption or guardianship.
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…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…