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What is Divorce?
Divorce, the legal dissolution of a marriage, has evolved over the past century from a relatively rare, cause-based legal step to the no-fault route of today that is becoming increasingly more the norm. Despite how common it is, however, those contemplating their first divorce may feel overwhelmed by the process, the terminology, the timeline, and the many considerations to take into account along the way. Learning about divorce, beyond the simple definition everyone knows, is the first step toward dissolving your marriage as successfully as possible.
Defenses to fault-based divorce petitions
In some states, the defendant spouse in a fault-based divorce proceeding may raise certain defenses. Back when fault-based divorces were essentially the only option, defenses were more readily available. Now, most states have removed such defenses from the books or limited them to a very set list available only under specific circumstances. The most common […]
Grounds for fault-based divorces
Most jurisdictions that maintain fault-based divorce statutes allow such proceedings based on four main categories of fault: adultery, cruelty, abandonment, and imprisonment. 1. Adultery — voluntary sexual intercourse involving a married person and someone other than his or her spouse. Adultery is usually proven by circumstantial evidence (such as entering or leaving a hotel with another) […]
Fault vs. no-fault divorce
There are two basic types of divorce: fault and no-fault. Once upon a time, fault divorces were the only option. A party requesting a divorce had to show that his or her spouse had committed one of a select list of “faults” that would enable a divorce action. Today, nearly all states have adopted some […]
Uncontested divorce: When the parties agree or one doesn’t show
Divorces are either contested or uncontested. A contested divorce means the spouse who didn’t file for divorce doesn’t agree to it. That doesn’t mean the divorce won’t happen—states set out guidelines for when divorces will be granted, so the spouse wanting the divorce just needs to find a way to comply with those guidelines—but it […]