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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 ]
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.
A mensa et thoro is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation a mensa et thoro is essentially a separation that is sanctioned by a court order, meaning that the spouses may legally live apart, but they are still legally married.
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