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.

Effect of Annulment

Usually, an annulment action involves issues of property distribution together with problems involving maintenance, custody, and child support. Annulment nullifies the marriage, but not the legitimacy of the children born to the marriage. Parents in an annulled marriage have a duty to support their children born before and after annulment. Children born during the annulled marriage are considered legitimate, and they have the same rights as children of divorced parents. During annulment proceedings, when a wife applies for child support and the husband insists that he is not the father of the child, the court has jurisdiction over the paternity question.

Date of Valuation With Respect to Property Division in Divorce

One important factor in property division in divorce is the date of valuation of the spouses' assets and liabilities for purposes of dividing marital property. The courts must consider the date of valuation in order to establish a consistent basis for determining a fair distribution of marital property. Fixing values for different assets and liabilities at different times can affect the true value of assets and liabilities that a spouse receives.

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).

Alimony: Temporary Support

Temporary alimony is the same as temporary spousal support, and both provide sustenance to the dependent party through the course of a divorce case. During the proceedings, the dependent spouse and the parties' children may require financial support, and courts may grant temporary support for that purpose. Dependant spouses can seek temporary support during legal separation as well.