Divorce is an enduation in the marital relationship; it termination a married relationship by judicial decree. In common law marriage, when a married couple divorces, they officially divorce themselves from each other. Common law marriages usually end by court order through divorce; however there are many state-based laws, case law, and statutes that allow a married couple to get a divorce with little or no fuss. A divorce, or separation, requires a court decision after a brief investigation of all of the parties. Some states require that a separation or divorce be filed in the county where the spouse resides; other states have no residency requirement.
There are a few grounds that divorce attorneys use to help their clients get a divorce. Although every state has its own divorce laws, the four most common grounds are: irreconcilable differences, fault, grounds for divorce-concurcy, and confinement. Each of these grounds has its own set of circumstances under which a divorce can take place. This article briefly discusses each of the grounds and how they apply to your situation.
Irreconcilable differences are grounds for divorce that almost always results in the denial of the divorce petition by the defendant. If the two parties are unable to agree on the terms of the divorce, this is grounds for divorce. It is a factor that weighs heavily on the final decree. If both parties can’t come to an agreement on the terms of the divorce, the final decree will include the statement that one party “is not at fault” for the divorce and the other party is “at fault”.
Grounds for divorce can also be based on cruelty. If the defendant is guilty of cruelty, the court will issue a final decree stating that the defendant is guilty of cruelty and must provide a financial amount that will cover the costs of spousal support, child support, and child custody in the event the victim of the cruelty dies or has to stay away from the victim for a long time due to severe mental or physical abuse. The judge will add to the final decree the amount the spouse is capable of paying because of their financial condition.
The final grounds for divorce are divorce due to facts of abuse or domestic violence. If the party requesting the divorce has obtained a protective order against the victim, or the victim’s family has filed a civil lawsuit or petition asking the court to protect the victim, the document is called a proposed decree for domestic violence or abuse. The proposed decree for domestic abuse is usually about three pages long and a PDF file is required. In the proposal for the divorce, the parties must explain their position on domestic violence and present their financial information and their custody and visitation schedules. The proposed decree is then presented to the judge.
Last, the last piece of information in the divorce petition is a complaint. This is called the complaint, which tells the court why they are requesting the divorce. The complaints must be filed with the court within three months of the date the judge has ordered it. After the complaint has been filed, the court will then set a date to have a hearing in which the spouse and the other spouse will both appear and answer questions from the court and the judge.