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The party filing for the divorce must prove that the other party has done something to justify ending the union. [8] Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other party’s guilt. [8]
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
The person filing the paperwork is not automatically the person who desired the divorce, but there is some correlation. A study of heterosexual divorces initiated between 2009 and 2015 found that 20% were the result of a mutual decision, 20% were primarily the man's choice, and 60% were primarily the woman's choice. [ 87 ]
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
Divorce laws vary considerably around the world, [1] but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, [3] child custody, [3] alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.
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