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For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce , the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not ...
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
In case law, there have been a number of cases regarding the provision of a get: in the case of O v O, [8] the wife petitioned for a civil divorce and was granted a decree nisi. As she had not been granted a get, she did not apply for a decree absolute. The husband attempted to apply for it under s9(2) of the Matrimonial Causes Act 1973, but ...
Divorce laws have changed a great deal over the last few centuries. [10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule. [11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. [12]
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Under the Matrimonial Causes Act 1884, failure to comply with an order of restitution of conjugal rights was no longer punishable by imprisonment, and only served to establish desertion ("statutory desertion") which gave the other spouse the right to an immediate decree of judicial separation, and, if coupled with the husband's adultery, allowed the wife to obtain an immediate divorce.
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