Impotence as Grounds for Annulment of Marriage

In some states, impotency can be grounds for annulment. If a spouse is physically impotent and the other spouse was unaware of the impotency prior to the marriage, the marriage can be voidable in some states. If a marriage was never consummated, this can constitute viable grounds for annulment. Impotency occurring after marriage is generally not in itself ground for annulment.

Property Division in Divorce: Personal Injury Awards

Personal injury awards are paid to injury victims to compensate for personal injury, pain and suffering, lost wages, loss of future earning capacity, loss of consortium (i.e., loss of companionship), medical expenses and damages to property when the loss occurred due to another's negligence. In a divorce, a question might arise as to whether such awards can be considered as separate property or marital property, i.e. joint property of the spouses. There are two primary methods by which courts typically classify such awards as marital or separate property, i.e. the analytic approach and the mechanistic approach.

Temporary Exclusive Possession of the Marital Residence in Divorce

One of the measures that may be put into place during a divorce proceeding is an order awarding temporary exclusive possession of the parties' marital residence to one of the spouses. Such an order is typically viewed as a harsh remedy and is only to be used when there is evidence of serious misconduct or abuse.

No-Fault Divorce: Irretrievable Breakdown

For purposes of no-fault divorce, states use various terms to describe the basic concept of marital breakdown, including irreconcilable differences, incompatibility, insupportability, and irretrievable breakdown. The realization that existing divorce laws no longer comported with the modern marriage experience and marital life led most states to recognize marital disharmony as a basis for no-fault divorce. Statutes usually provide some definition for the concept, and courts often have discretion to apply the standard in individual divorce proceedings.

Property Division in Divorce: Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements refer to agreements made between the spouses before and after marriage, respectively. Among other things, these contracts enable the spouses to define their respective property rights, which can be very helpful in cases of divorce or legal separation.