Divorce Newsletters
Spouses as Witnesses in Divorce Proceedings
In general, either spouse can testify in a ''no fault'' divorce proceeding, in a fault-based divorce proceeding, in a property settlement hearing, or in proceedings relating to custody determinations. While such testimony can be highly relevant in a divorce proceeding, there are some rules (including the marital communications and anti-marital facts privileges) that come into play when considering the admissibility of such testimony.
Fault-based Divorce: Adultery
There can be various grounds for seeking a divorce; adultery is stated as a reason for divorce in the laws of the majority of states that allow fault-based divorces. Adultery is defined as voluntary, consensual sexual intercourse or sexual activity by a married person with someone other than their legal spouse. While intercourse is usually required, something less may amount to adultery under the divorce laws in some states.
Valuation of Marital Property in Divorce Proceedings
One of the most critical parts of the property distribution process in divorce is ensuring that the marital assets have been properly valued. Either an overvaluation or an undervaluation of the spouses' marital property can prevent the parties from receiving their fair share when their assets are divided.
Fault-based Divorce: Bigamy
Bigamy is a criminal offense. It is the act of entering into a second marriage willfully and knowingly during the existence of the valid bond of a first marriage. Some states consider bigamy as a ground for fault-based divorce.
Children as Witnesses in Divorce Proceedings
In recent years, children have increasingly been called upon to be witnesses in their parents' divorce proceedings. In some contested fault-based divorces, children have supplied testimony as to cruelty or adultery by one of the spouses. In other instances, children have been a part of custody matters, including offering testimony as to being poorly supervised by one of their parents and as to any neglectful conditions in the family home.
