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Today courts are more interested in the economic impact of adultery, if any, on the marital estate. Be careful that you have personal knowledge of all matters asserted, or else it 'can and will be used against you in a court of law.' If there is any doubt whatsoever, but you still believe something is true, say 'Based on information and belief....' Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement.
Court's judgments are modifiable based on a 'material change in circumstances.' An agreement may be either modifiable or unmodifiable ('surviving'). Replaced in 1996 by Program, created by the Welfare Reform Law of 1996. These suits are now rare, however, and are prohibited in some states.
Typically, these agreements settle issues relating to: Aid to Families with Dependent Children (AFDC). Today courts will entertain fault divorces making the co-respondent a defendant in the action, but such defendants are generally not liable financially for their adultery. Court-ordered spousal support, usually periodic payments, but sometimes paid in a lump sum as part of a marital agreement (alimony 'buyout'). Party who will be paid pension benefits in the alternative, not the employee. The court's judgment that a so-called 'marriage' was never legally valid or became invalid after the marriage.
More modern terms include 'maintenance' and 'spousal support.' Payments are tax deductible to the payor and includable in the payee's taxable income. A trust fund established to pay alimony; rarely used; extremely expensive means of paying alimony involving complex gift and income tax analyses. an out-of-court settlement process; arbitration, mediation, negotiation or collaborative law. Some states mandate ADR for divorcing parties, although parties maintain the right to have a judge decide their case. Hence, settlement agreements may be called separation agreements or marital settlement agreements, never divorce agreements. See gov/ebsa/faqs/faq_American Law Institute (ALI). Established in 1923 to address the complexities and uncertainty of law around the United States; collaborates with the National Conference of Commissioners on Uniform State Law (NCCUSL); publishes Restatements of the Law and Model Codes, including Principles of the Law of Family Dissolution. Where a marriage was never legally consummated, for instance if one party was already married, the marriage is said to be 'void,' or a 'nullity,' i.e., it never existed.
Similarly situated parties are treated dissimilarly when the only difference is gender. If parties settle, they may present their written settlement agreement to a judge who rules on its fairness and grants a divorce. In contrast, a 'voidable' marriage is valid unless, or until, annulled.
Most courts are sympathetic to women, especially in long-term marriages or when the husband has a high income or greater resources. Grounds for annulling a 'voidable' marriage include serious fraud or a party's legal incompetence at the time of marriage.