Also known as: dissolutions of marriage · divorce
Written by attorneys — see sources below.
A judicial proceeding terminating the legal relationship of marriage between spouses. The proceeding requires a verified petition alleging that the marriage is irretrievably broken and results in a decree that severs the marital bond and resolves related issues of property, support, and custody.
After Daniel Hart died, his alleged surviving spouse Maria sought survivor benefits from the university. The university offered a certified divorce decree from the county clerk to prove the marriage had ended before Daniel's death. Maria objected on hearsay grounds. The court admitted the decree because it recorded a fact of personal or family history even though the original declarant lacked personal knowledge of the divorce details.
Attorney Lopez agreed to represent client Danielle Dixon in her dissolution proceeding. Lopez proposed a fee equal to twenty percent of any property settlement obtained. Dixon accepted the arrangement in writing. The ethics board later disciplined Lopez because the fee was contingent on the amount recovered in the domestic relations matter.
Spouses Dorothy Daniels and Demetrius Douglas held their home as tenants by the entirety. While divorce proceedings were pending, Dorothy executed a will leaving her interest to her sister. Dorothy died before entry of any divorce decree. Title passed automatically to Demetrius by right of survivorship rather than under the will.
Daphne Doyle stopped receiving financial support from her husband after he moved out. She filed a petition seeking alimony and child support while the dissolution action remained pending. The court ordered temporary payments based on her need and his ability to pay, without requiring a final decree first.
Deanna Davenport and her spouse agreed to arbitrate all issues arising from their marriage breakdown. The arbitrator issued an award granting dissolution of marriage and dividing property. The award was confirmed by the court because the arbitration act permits resolution of dissolution disputes even though it bars awards terminating parental rights.
Dolores Diaz filed a petition for dissolution of marriage in state court. The petition alleged that the marriage was irretrievably broken and listed the parties' ages, occupations, residences, marriage date, and place of registration. The court accepted the petition because it satisfied the statutory pleading requirements for commencing the proceeding.
The verified petition must allege that the marriage is irretrievably broken and must set forth the age, occupation, and residence of each party along with the date and place of the marriage.
Supporting sources
No. Model Rule 1.5(d)(1) prohibits any fee in a domestic relations matter that is contingent on securing a divorce or on the amount of alimony, support, or property settlement.
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No. Title passes by operation of law to the surviving spouse if one joint tenant dies while still married and before entry of a divorce decree, even if property settlement negotiations are underway.
Supporting sources
…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…