![]() |
||||||||||||||||
|
||||||||||||||||
|
Fault based divorce
Fault based divorceA type of divorce to be granted if one member of the marriage is guilty of some kind of marital misconduct. RELATED TERMS-------------------------------------- Divorce The divorce is the legal ending of a marriage. Divorcing refers to limited aspects: to get a judgment of divorce and to make arrangements for distribution of property, child custody and spousal support, in some cases. A divorce starts with a petition (complaint) made by spouse (petitioner) and ends with an order for divorce called judgment. The petition is a standard document for divorce that shows the facts and issues and what the petitioner wants. After being filed with the court, it is served on the other spouse to give notice that the divorce case has started. Then the other spouse (respondent) can file a response, if necessary, but within a stated time (30 days after the petition is served). If a response is filed, the divorce case is “contested” and if there is no response, the case is “uncontested”. The uncontested divorce is relatively simple: it consists in paperwork and red tape to judgment. Some couples might need working out a written marital settlement agreement. A petitioner’s appearance in court might be required, although many states have procedures that don’t require hearing. Contested divorce has many complicated steps, the presence of a lawyer being very helpful and efficient in saving time and emotional stress. A contested divorce can become uncontested if one spouse simply drops out of the contest or if the spouses reach an agreement. About 95% of all divorce cases are able to reach agreement and settle without the need to go to trial. Collaborative divorce involves two clients and two attorneys who work together to reach a settlement with best possible result for both parties after negotiations of financial issues and custody. The law is used to impose a decision only when there is a disagreement brought into court. When children are involved, the judge might take a look at the terms to make sure they are well supported and protected. Member This word has various significations:1)The limits of the body use- ful in self-defence. Membrum est pars corporis habens destinatum operationem in corpore. 2) An individual who belongs to a firm, partnership, company or corporation. 3) One who belongs to a legislative body, or other branch of the government; as, a member of the house of representatives; a member of the court. Marriage A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought io exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage. Guilty The state or condition of a person who has committed a crime, misdemeanor or offence. This word implies a malicious intent, and must be applied to something universally allowed to be a crime. Marital That which belongs to marriage; as marital rights, marital duties. Misconduct Unlawful behaviour by a person entrusted in any degree: with the administration of justice, by which the rights of the parties and the justice of the, case may have been affected. SIMILAR TERMS-------------------------------------- Fault Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another. PREVIOUS AND NEXT TERMS-------------------------------------- Father's rights Legal principles and concepts promoting the idea that custody decisions must not discriminate against fathers. Fathom A measure of length, equal to six feet. The word is probably derived from the Teutonic word fad, which signifies the thread or yarn drawn out in spinning to the length of the arm, before it is run upon the spindle. Fatuous person One entirely destitute of reason; is qui omnino desipit. Faubourg A district or part of a town adjoinng the principal city; as, a faubourg of New Orleans. Fault Contracts, Civil law. An improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another. Fault based divorce Faute lourde Gross negligence.The type of fault described by Potheir as: "...le soin que les personnes les moins soigneuses et les plus stupides ne manquent pas d'apporter à leurs affaires" (translation: the care which the least careful and most stupid persons do not fail to devote to their own affairs). Favor Bias partiality; lenity; prejudice. Feal Faithful. This word is not used. Fealty Fidelity, allegiance. Fear Criminal law. Dread, consciousness of approaching danger. We thank you for using the Juridical Dictionary to search for Fault based divorce. If you have a better definition for Fault based divorce than the one presented here, please let us know by making use of the suggest a term option. This definition of Fault based divorce may be disputed by other professionals. Our attempt is to provide easy definitions on Fault based divorce and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||