marriage

innocent spouse rule

The innocent spouse rule is one of three types of relief offered by the Internal Revenue Service (IRS) from the joint and several liability of a joint tax return. The rule provides for relief from responsibility for paying tax,...

joint custody

Joint custody is an arrangement between separated parents where each parent has a degree of control over, and a measure of responsibility for a child. Joint custody involves both physical custody and legal custody. Joint legal...

lineal consanguinity

Definition from Nolo’s Plain-English Law DictionaryThe relationship between blood relatives where one is a direct descendant of the other. For example, a person has consanguinity with her mother, grandmother, and daughter. (See also: consanguinity)

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Marital Deduction

Example

If a married couple has a community property estate of $500,000, each has a net estate value of $250,000. Assuming both spouses have wills that leave their estates to each other, when one spouse dies, the other will inherit the decedent's $250,...

Marital Misconduct

Conduct that is alleged to have caused the erosion of the marriage. In some states the spouse found guilty of martial misconduct will be adversely effected during property division, distribution of spousal support, or awarding attorney's fees. In...

Marital Privilege

Overview

The Supreme Court has recognized two types of marital privileges:

Testimonial privilegeCommunications privilege Testimonial Privilege

In criminal cases, one spouse may refuse to testify against his/her defendant spouse as a witness. As...

Marital Property

Marital property is property acquired after the parties are married. Property acquired before the marriage is considered the individual and separate property of the acquiring spouse and the court will have no authority to distribute individual...

Marital Settlement Agreement

Allows divorcing spouses to agree to the terms of their divorce. The agreement generally can cover property division, spousal (maintenance) support, child custody and visitation arrangements, and any other issues relevant to the divorcing couple....

Marital Termination Agreement

An agreement between divorcing parties that allows them to set the terms of their divorce. They may settle issues such as spousal support, child custody and visitation. It works the same way as a marital settlement agreement (see hyperlink below).

Marital Tort

A civil action as between spouses, or against a third party for their interference in the marital relationship. As with most torts, these actions may be based on a party's intentional or negligent behavior. In most jurisdictions marital privileges...

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