Termination of Marriage

A marriage is terminated by the death of one of the spouses. In most states, a marriage may be terminated prior to the death of the spouses by one of three kinds of legal actions:

Remedies Available in a Legal Action for Termination of Marriage

The courts have great latitude in dealing with the issues raised by terminating a marriage relationship. The courts have power to determine:

  • child custody and support
  • monetary support between spouses
  • property division

In addition to the customary remedies available to the courts, if necessary, a divorce court can develop special remedies to meet the particular needs of a party or a family. Such remedies are limited only by the imaginativeness of the court and the lawyersand may include:

  • protective orders against anticipated domestic violence
  • restrictions of travel by children of the marriage to prevent kidnapping
  • supervised visitation to deal with a potential threat by a parent towards the children
  • financial protective orders assuring that each party meets their obligations and the like

Additionally, courts in many states may order

  • maintenance of health insurance for children of the marriage or dependent spouses
  • maintenance of life insurance to guarantee support payments
  • deferred compensation in property distribution
  • other creative solutions