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:
- annulment
- separate maintenance
- divorce
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