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Annulment and the "Relation Back" Doctrine

By its legal definition, the "relation back doctrine" enables a plaintiff to correct a pleading error, by adding either a new claim or a new party, after the expiration of the statutory limitation period. In some cases, spouses who are parties to subsequent marriages have attempted to assert the "relation back" doctrine to persuade courts to reinstate/reinforce alimony or maintenance payments from their previous marriage(s).

Temporary Orders for Protection of Marital Assets in Divorce

In a divorce, temporary orders for property protection are designed to prevent irreparable losses from dissipation, concealment, or conveyance to third parties. Such orders include orders directing one spouse not to dispose of marital property, encumber marital property, or interfere with property in the other spouse's possession. Courts also may issue temporary orders to prevent third parties from degrading or dissipating marital property that is in the third parties' possession or control. The orders also may take an affirmative tone by ordering a spouse to maintain insurance and utility service and continue other routine property-preserving activities. Temporary property protection orders often are necessary whenever invaluable assets are involved. It is common for temporary orders to grant one spouse the right to use an item, and to provide compensating support to the other spouse until the assets are divided and distributed.

Alimony: Temporary Support

Temporary alimony is the same as temporary spousal support, and both provide sustenance to the dependent party through the course of a divorce case. During the proceedings, the dependent spouse and the parties' children may require financial support, and courts may grant temporary support for that purpose. Dependant spouses can seek temporary support during legal separation as well.

Fault-based Divorce: Adultery

There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states.

Fault-based Divorce: Insanity

Insanity or mental illness is a ground for fault-based divorce in most states, while other states consider it a ground for no-fault divorce. Insanity is a state of mind in which the afflicted person cannot distinguish between right and wrong. It refers to the inability to handle individual responsibilities expected of ordinary persons in the daily course of life. An insane person may endanger his own life and that of others.