| Property Division in Divorce: Partition |
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| For purposes of divorce, "partition" is a legal process that divides property, usually real property, into fractional shares for the spouses. Divorce or legal separation establishes grounds for partition in a divorce for jointly-owned marital assets of the spouses. More... |
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| Date of Valuation With Respect to Property Division in Divorce |
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| 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. More... |
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| Temporary Order for Protection of the Person in Divorce |
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| In the divorce context, a temporary order for personal protection (sometimes called a "restraining order") is a court order prohibiting a spouse from contacting or harming the other spouse. Protection orders are common in situations involving spousal abuse or harassment. The orders usually are kept in place for the duration of the divorce case. More... |
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| Property Division in Divorce: Valuation of Marital Property |
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| In divorce cases, courts usually must divide the parties' marital property between them. Marital property usually includes both marital assets and marital debts, and generally consists of all property acquired by both or either of the spouses during the marriage, other than property acquired by inheritance or gift from a third party. State divorce laws handle marital property differently depending on whether the state follows equitable distribution, straight community property, "all property," or dual property rules. More... |
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| Attorney Fee Awards in Community Property States |
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| In an action for divorce under the common law, the power to grant a party attorney's fees and expenses is within the discretion of the court. Some courts exercise such power as a part of general equity and when warranted by the parties' relative ability to pay counsel fees. Numerous factors are considered by the court in awarding such fees, the most significant of which being the time spent and the services rendered by an attorney in representing a party in the divorce. More... |
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