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Impact of Bankruptcy Laws on Divorce Generally

Traditionally, the entire gamut of matrimonial law has been a creature of state law, not federal law. As such, federal courts generally may not intervene in the marital area unless a particular issue comes into conflict with federal law. Bankruptcy is one such area, and it can arise because of the effect that divorce has on spouses' property ownership and financial situation. In divorces involving a complex asset structure or extensive and varied types of property, bankruptcy by both spouses certainly can affect marital property distribution, depending in part on what distribution scheme the forum state follows. Otherwise, it often is the bankruptcy of only one spouse initially that sets off the complicated bankruptcy-divorce scenario.

Grounds for Annulment: Concealment

Concealment and misrepresentation are used very commonly in annulment proceedings as part of the fraud ground. Most of the time, annulments for fraud are not granted as a matter of right and are granted only after close consideration. In most states, the courts require clear and convincing evidence of fraud and a showing that the injured party would not have married but for the fraud.

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.