Divorce
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Filing for divorce may be common, but it is also a
complicated legal procedure requiring the advice and representation of a family law attorney experienced with
the particular rules and statutes at play in your part of the country.
What is a Divorce?
Legally referred to as dissolution of marriage in many states, a divorce is the termination of
a marriage by a legal proceeding or in a court. Divorces are generally categorized as contested or uncontested.
In a contested divorce, the parties cannot agree on at least one issue, while in an uncontested divorce, the
parties agree to all terms.
What is a Legal
Separation?
A legal separation, which many
states still offer, only terminates the right of cohabitation, but not the legal status of the marriage
itself. .
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Filing for
Divorce.
After retaining an experienced divorce attorney, the spouse seeking divorce
prepares a petition for divorce and files it with the court in the state in which he or she lives.
Each state has its own residency requirement for how long a spouse must live within the state
before being eligible to file for divorce. See our article on filing divorce papers for links to
each state's forms.
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Grounds for
Divorce.
The Grounds for divorce are set regulations in each state that specify under what
circumstances can one party be granted a divorce. In some jurisdictions, the couples must
live apart for several months before being granted a divorce.
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