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Divorce
A divorce is the termination of a marriage by legal action,
requiring a petition or complaint for divorce (or dissolution in
some states) by one party. There are two types of divorce-- fault
and no-fault. An fault divorce, (also called a "divorce a vinculo
matrimonii" is a judicial termination of a marriage based on marital
misconduct or other statutory cause requiring proof in a court of
law by the divorcing party that the divorcee had done one of several
enumerated things as sufficient grounds for the divorce. Some states
still require at least a minimal showing of fault, but no-fault
divorce is now common. Usually, a no-fault divorce is referred to as
a separation decree; the right to cohabitation is terminated but the
marriage is undissolved and the status of the parties is not
altered.
State law governs divorces, so the petitioning or complaining party
can only file in the state in which he/she is and has been a
resident for a certain period of time, which varies by state. The
most common issues in divorces are division of property, child
custody and support, alimony (spousal support), child visitation and
attorney's fees. Only state courts have jurisdiction over divorces,
so the petitioning or complaining party can only file in the state
in which he/she is and has been a resident for a period of time. In
most states, the legal process of the divorce procedures take some
time, to allow for a chance of reconciliation. The divorce decree is
a court order that states the rights and responsibilities of the
divorced parties, including the basic information regarding the
divorce, case number, parties, date of divorce, and terms the
parties have agreed upon.
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