Temporary Order for Protection of the Person in Divorce

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.

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.

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.

Modification of Orders Affecting Use of Marital Home

One issue that arises in divorce proceedings is the use and possession of the family home, particularly when the spouses are living in the same house and both require use and possession of the home. If the parties have minor children, the custodial parent usually receives the right to use and possess the home in order to safeguard the children's interest. This right is given to the custodial parent as a form of maintenance or support, in the court's discretion. The right given to one of the spouses is limited to a specific period after the divorce, which is determined by the court. That benefit may last in some form until the parties' youngest child no longer is a minor.

Fault-based Divorce: Abandonment

Abandonment, also known as "desertion," is a ground for fault-based divorce in a majority of states. Abandonment is defined as one spouse's leaving the marital home without the other spouse's consent and without any justifiable reason. Some courts have drawn a slight distinction between abandonment and desertion by stating that desertion involves an intention to sever the relationship, but abandonment does not have that requirement. Some state statutes require that there must be a continuous abandonment for a certain period of time before the filing of a divorce petition.