A divorce is the termination of a legally recognized marital relationship. Divorce generally involves the reorganizing or cancelling of the joint legal responsibilities and rights of a married partner under the stipulation and rules of law of that state or country, thereby dissolving the marital ties under the jurisdiction of that state or country. A divorce means parting ways but does not necessarily mean that there has been a break of physical intimacy. There are different types of divorces. The various types of divorces include: judicial, uncontested, limited and rehabilitation.
A judicial divorce process may only be initiated by one spouse filing the suit. The divorce proceedings in a judicial trial to occur in the local court. A judge presides over the case and renders a decision based on the evidence presented. A trial date is scheduled and the suit is filed with the clerk of court in the county where the plaintiff resides. There is no jury trial and each side makes its own argument to try to win at the trial.
One of the two main grounds for divorce is irreconcilable differences. Irrespective of any other ground for divorce, the most common grounds for a divorce is irreconcilable differences. As soon as there is proof of such differences, either party can apply for an exception to the usual rule regarding irreconcilable differences. The procedure for application of the exception varies from one state to another. If the grounds for divorce are uncontested, the court will inform both parties that they have no alternative but to separate and go their own way.
The next type of divorce procedure is separation without consent. In separation without consent, the court may issue temporary orders similar to a divorce. Temporary orders allow a person to live apart until the divorce is completed. The court may issue temporary orders for support, custody, child support, property division and visitation. Once the divorce is finalized, the spouse must follow the court’s orders regarding support payments, unless the spouse agrees to change them.
Another type of divorce procedure is legal separation. A legal separation is when neither spouse has a living child. The court will consider all relevant factors surrounding the welfare of minor children and any other agreement made between the couple while they were married, including their parenting plan and child support payments. A legal separation is considered final only if the divorce is approved by the court and there are no unresolved issues between the parties regarding the minor children.
Many different states offer different ways for divorced couples to stay married. Each state has its own set of rules and procedures for a divorce. Each type of divorce requires the involvement of both spouses. Therefore, many people who get a divorce do not want to end up staying married. If you are looking to have a divorce, you need to talk with your partner and the lawyer about what your options are and whether or not you can work together to resolve your differences.