Legal Definitions - matrimonial action

A matrimonial action is a legal proceeding initiated in court that directly concerns the marital status of a couple, or the rights and obligations arising from their marriage. These actions typically involve issues such as divorce, legal separation, annulment, child custody, child support, spousal support (alimony), and the division of marital property.

• Example 1: After several years of marriage, Sarah and Mark decide to end their relationship. Sarah files a petition with the court requesting a divorce, asking the judge to legally dissolve their marriage, divide their shared assets and debts, and establish a parenting plan for their two minor children, including child support and custody arrangements. This entire court process, from filing the initial petition to the final judgment, constitutes a matrimonial action because it directly addresses their marital status and the financial and parental obligations stemming from their marriage.

• Example 2: Emily and David were married for a short period, but Emily later discovered that David was still legally married to someone else at the time of their wedding. Emily initiates a court proceeding to have her marriage to David declared null and void, rather than seeking a divorce. This request for an annulment is a matrimonial action because it directly seeks a judicial determination regarding the legal validity of their marital status, aiming to declare the marriage as if it never legally existed.

• Example 3: Years after their divorce was finalized, John, whose income has significantly decreased due to a job loss, files a motion with the court asking for a reduction in the spousal support (alimony) payments he is required to make to his ex-spouse, Lisa. This legal request to modify an existing court order that arose from their original divorce judgment is considered a continuation or a new phase of a matrimonial action, as it directly pertains to the financial obligations established during their marital dissolution.