Encyclopedia Encyclopedia: ABCDEFGHIJKLMNOPQRSTUVWY
Term Definition Third Parties - individuals, besides the husband and wife, who become parties in a divorce action.
Application in Divorce A third agreement or transaction but who may have rights and interests in it.

A assets.

A adultery is a third party. Sometimes, a adultery as a grounds for divorce.

The term third psychological parent. Here, as part of the test in determining a child’s relationship with someone other than his or her parents, the courts maintain that the legal parent must have consented to the relation of the child with the third party.

Grandparents may become third parties appealing for the right to visit a child whose parents have been divorced.

The duty to support.

Sometimes a third-party issue may surface when someone other than the award of an automobile to a wife a court joined the husband’s mother to the action because the vehicle was titled in her name. Without a joinder, a farm, titled in the husband’s father’s name and subject to an sales contract, could not be classified as martial property because the contract named the couple as buyers and him as seller.

The rationale behind permitting third-party intervention is that it avoids multiple suits, circuitous actions and ends the action in one proceeding.

In general, a third person can be named in a divorce action "only when he or she has conspired to defraud the other out of property rights."

A third party is not indispensable when the divorce action merely values the property "or determines marital interests but does not affect the third party’s rights."

The rights of third parties not named in a divorce action survive and equitable distribution award, and the parties are not barred by collateral estoppel.

So long as an action does not affect a creditor’s rights, a court may apportion marital debts between the spouses without naming the lender a third party.

No-fault uncontested divorces do not normally involve third parties.

See also Estoppel, Joinder, and Res Judicata.