| Post-Decree Modification of Property Division |
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| During a divorce proceeding, the parties are entitled to conduct discovery. Discovery is a process by which each party can ask questions in depositions and inspect each other's financial and business records to discover the total assets and liabilities of the marriage. A court will enforce a party's right to full disclosure so that each party has a clear idea of the identity and value of all marital property.
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| Gifts in Contemplation of Marriage |
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| What if a marriage between two parties never takes place? Is the donor or the giver of the gift permitted to recover the premarital gift given to the recipient, his or her future spouse? Whether or not the donor is entitled to recover the premarital gift depends upon the circumstances. If the gift was conditioned on the marriage, either explicitly or implicitly, then the donor may recover the gift depending upon the facts in the case. More... |
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| Fraud During a Marriage or Relationship and Transmissions of a Serious Disease |
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| Many states have recognized a cause of action for fraud during a marriage or relationship. Specifically, some states have recognized a plaintiff's claim that they were induced to have sex with a defendant based upon the defendant's representations as to his health or fertility. The states that permit this claim on the basis that the plaintiff did not actually consent to having sexual relations with the defendant.
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| Elder Neglect |
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| Elder neglect is a serious issue. This involves the neglect of an elderly individual. Elder neglect can range from instances where a caregiver withholds the appropriate attention from the elderly person to intentionally failing to meet the basic needs of the elderly person. More... |
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| Uniform Marriage and Divorce Act |
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| The Uniform Marriage and Divorce Act (UMDA) is an extensive uniform law which provides standards governing marriage, divorce, property distribution, alimony, child support, and custody. Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana and Washington have adopted it. The major provisions eliminate fault divorces, eliminate traditional defenses to divorce, provide for equitable distribution of property in non-community property states, provides for distributing community property, provide for alimony only in specific circumstances, and base child support and custody on certain factors. More... |
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