Matrimonial causes refer to legal actions related to marriage, including divorce, judicial separation, nullity of marriage, restitution of conjugal rights, and jactitation of marriage. These cases arise when issues such as adultery, cruelty, or fraud affect the validity or continuation of a marriage. Understanding matrimonial causes is essential for individuals navigating family law matters.
Matrimonial causes are primarily used in family law, which deals with legal issues surrounding marriage and relationships. These cases may involve various legal processes and forms that individuals can manage themselves, especially with resources like US Legal Forms. Common scenarios include seeking a divorce due to irreconcilable differences or requesting alimony following a separation.
Here are a couple of examples of abatement:
Example 1: A person files for divorce after discovering their partner has been unfaithful. They may cite adultery as the ground for their matrimonial cause.
Example 2: A spouse seeks judicial separation due to ongoing emotional abuse, which they believe has made the marriage intolerable. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Allows no-fault divorce based on irreconcilable differences. |
| Texas | Requires proof of fault grounds for certain types of divorce, such as adultery. |
| New York | Offers both fault and no-fault divorce options, with specific grounds outlined. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Divorce | The legal dissolution of a marriage. | Divorce is one type of matrimonial cause. |
| Judicial Separation | A court-ordered separation that does not dissolve the marriage. | Judicial separation allows couples to live apart while remaining legally married. |
| Nullity of Marriage | A declaration that a marriage is void or invalid. | Nullity addresses the legality of the marriage itself, unlike divorce. |
If you find yourself in a situation involving matrimonial causes, consider the following steps:
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