A short answer to both questions is “yes”. Divorce laws are very specific from one state to another. In general, however, the divorce laws provide for various types of divorce claims whether they be either fault claims or no fault claims. The typical fault claims for getting a divorce are adultery, desertion, or cruelty. The no fault claim is simply that, i.e. neither party is alleging any fault on the part of the other, they simply want a divorce. As part of many divorce proceedings, the Court also has the authority to divide the property that was acquired during the marriage and also to the resolve issues relating to child custody, child support and also spousal support. Although an injury lawyer does not normally get involved in divorce issues it is important to be informed on what the effect of divorce is on a personal injury award.
The equitable distribution of marital property can frequently get into some complex issues. For instance a personal injury settlement or award that has been obtained by one party may come into the marital estate and be treated as marital property and may be subject to equitable distribution by the court to the extent it involves reimbursement of medical expenses or reimbursement of lost wages.
See Brien Roche’s book Law 101 published by Sphinx Publishing for more information on this subject.
Legal answers provided by Brien Roche, a personal injury attorney with over 35 years of trial experience. Contact Us today to discuss your personal injury matter.
For more information about divorce see the pages on Wikipedia.