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Grounds for Annulment: Incapacity Under the Influence

Courts have considered a marriage to be a nullity and able to be annulled when it was established that one of the parties was so incapacitated due to drug or alcohol intoxication during the marriage ceremony as to not know what he or she was doing at the time. The degree of incapacity required to invalidate marriage varies from state to state, but generally requires a level of intoxication that would prevent the spouse from assenting to the marriage.

Property Division in Divorce: Presumption Relating to Marital Property

Property division in divorce generally affects only marital property, but some states allow equitable distribution of separate property. Marital property is presumed to be property that is acquired by both or either of the spouses during their marriage. Divorce courts divide marital property according to the classification schemes in controlling statutes or caselaw.

Role of Expert Witnesses in Divorce Proceedings

Witnesses can be fact witnesses who testify to facts, or expert witnesses who can testify to facts as well as give their opinions. Expert witnesses are engaged to provide testimony regarding their knowledge in a particular subject. Such knowledge is beyond that of the average person by virtue of the expert's education, profession or experience so that their opinion will assist the judge or jury in making a decision. In divorce proceedings, many times physicians, psychologists, social workers, pension analysts, and appraisers are engaged as experts.

Property Division in Divorce: Partition

For purposes of divorce, "partition" is a legal process that divides property, usually real property, into fractional shares for the spouses. Divorce or legal separation establishes grounds for partition in a divorce for jointly-owned marital assets of the spouses.