Temporary Exclusive Possession of the Marital Residence in Divorce

One of the measures that may be put into place during a divorce proceeding is an order awarding temporary exclusive possession of the parties' marital residence to one of the spouses. Such an order is typically viewed as a harsh remedy and is only to be used when there is evidence of serious misconduct or abuse.

Uncontested Divorce Actions

In general, uncontested divorce actions occur when either of the spouses does not appear in court in a divorce proceeding or when both the spouses mutually agree upon a divorce and on matters relating to financial settlements, custody, and/or support of their minor children. Typically, that mutual agreement is shown in the divorce petition, and it may include a waiver of service. Uncontested actions may arise in proceedings for dissolution of marriage, annulment, and separation.

Defenses in Fault-based Divorce: Condonation and Reconciliation

States traditionally have considered condonation and reconciliation to be common law affirmative defenses to fault-based divorce actions. Under that scenario, the defendant was required to plead and prove the defense. In states that allow fault-based divorce and that have comprehensive divorce statutes, the general movement has been to limit or eliminate common law divorce defenses such as condonation and reconciliation.

Alimony: Reimbursement Support

Reimbursement support is one way in which a spouse (the paying spouse) who received the other spouse's (the receiving spouse's) monetary support during marriage repays that support after the parties divorce. The benefit rendered could be in the form of educational costs, money spent toward establishing or operating a business for the supported spouse, and similar types of support. To be eligible for reimbursement support, the benefits should have been received during the marriage, and the receiving spouse should have provided most of the family support during the marriage period in question.