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Jurisdiction and Venue in Annulment Proceedings

The parties must establish proper jurisdiction and venue in order to initiate an annulment action. Usually, to obtain the jurisdiction and proper venue, the courts of the state where the parties were married have jurisdiction in an annulment action. In most states, if one of the parties wants to bring an action in a state court, that party must show that one of the parties has been residing in that particular state for the required period. Alternatively, a state has jurisdiction if either party has met that state's residency requirement. Venue is established if the party seeking the annulment of the marriage has met the domicile requirements within the court's jurisdiction.

Use of Collaborative Law in Divorce

Collaborative law is a method of family law dispute resolution in which divorcing spouses settle their differences out of court. The trend towards collaborative law developed from a desire to avoid lengthy legal and court proceedings while still reaching a compromise mutually acceptable to all parties. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution.

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.

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).

Divorce involving a member of the U.S. military

Military divorce involves a member of the uniformed services and his or her spouse, who may or may not be in the services. Even though military divorce may be similar to a usual divorce, there are a few differences, such as legal protections, jurisdiction of court, residency requirements for filing for divorce, division of military retirement benefits or pension, and provision for child support. A service member facing a divorce should be aware of the Servicemembers' Civil Relief Act of 2003 and the Uniform Services Former Spouses' Protection Act (USFSPA).