Divorce - Areas of Law

Divorce is common but complicated and often requires a local family lawyer's advice.

What is a Divorce?

In legal terms, a divorce is the termination or dissolution of marriage. Divorces may be contested or uncontested. In a contested divorce, the spouses cannot agree on at least one issue, while in an uncontested divorce, the spouses agree to all terms.

Divorce also differs from legal separation. A separation ends the right of cohabitation but does not terminate the legal status of the marriage.

Filing for Divorce

After a spouse retains a local divorce attorney, the spouse prepares a petition for divorce and files it with the court in the state of residence. Each state has its own residency requirement for how long a spouse must live within the state before being eligible to file for divorce.

Grounds for Divorce

Grounds for divorce vary by state and are classified as fault or no-fault. Many states have done away with fault divorces altogether. In a fault divorce, a spouse must prove with evidence the wrongdoing by the other spouse. Common grounds for fault divorce include adultery, extended imprisonment, or abuse. In a no-fault divorce, neither party must prove the other engaged in wrongdoing.