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The Uniform Marriage and Divorce Act §307 (UMDA §307) [3] also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties [which is the same as a prenuptial agreement or premarital agreement], the ...
In the United States, this is one of several possible grounds.Often, it is used as justification for a no-fault divorce.In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. [2]
United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...
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A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand. For example, to qualify for summary divorce in California, a couple must meet all of the following requirements: Have been married less than five years, Have no children together,
However, if a cohabiting partner "believes" that they are married, then they are referred to as a "Putative Spouse", which would give them the same rights as a legally married person in a divorce proceeding. [73] Minnesota has been listed as one of the three most "liberal" palimony states, in addition to Washington State and California. [60]
A divorce settlement entails which spouse gets what property and what responsibilities once the marriage is over. "It deals with child custody and visitation, child support, alimony, health and life insurance, real estate, cars, household items, bank accounts, debts, investments, retirement plans and pensions, college tuition for children, and other items of value, such as frequent flyer miles ...
See, e.g., California Code of Civil Procedure section 437c(f)(1). Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories ...
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