
Divorce Overview
What are the grounds and steps to get divorced?
A divorce is a judgment by a court that ends a marriage, and redefines the relationship
of the former husband and wife. Until the 1970s, divorces were granted only if either spouse was guilty of some form of "marital misconduct," usually physical cruelty, abandonment, or adultery. Today, every state has enacted "no-fault" divorce laws that require courts to establish only that a couple's marriage is irretrievably broken, or, in some states, that the couple have lived apart for a specified period of time.
What are Grounds for Divorce?
Each state sets its own grounds for divorce but they generally fall into two categories:
Fault grounds:
- Adultery
- Drug/alcohol abuse
- Imprisonment
- Physical/mental abuse
- Incest
- Mental incapacity/insanity
- Desertion
- Fraud
- Impotence
No-fault grounds:
- Separation
- Irretrievable breakdown
- Irreconcilable differences
Note: Don't confuse no-fault divorces with uncontested divorces. In an uncontested divorce, the couple has no disagreement about ending the marriage, and has come to terms about marital property, spousal support, and child support issues. In a no-fault divorce, any or all of these issues could be a source of conflict that must be decided through negotiation or by the court.
What are the steps of a Divorce?
- Petition (complaint): The process begins when either spouse (the "petitioner") requests a divorce, and provides reasons for doing so. The petitioner may also request spousal support and child custody.
- Summons: The other spouse (the "respondent") receives notice that petition has been filed.
- Response: If there's no response (or "answer"), it is assumed the divorce is not contested.
- Separation agreement: If both sides agree on issues such as allocation of resources and child custody, the filing with the court of a separation agreement at this point can expedite progress toward a divorce decree.
- Discovery: In the absence of a separation agreement, both sides may request information and documents from the other spouse, in an attempt to build evidence relevant to their issues in the divorce. This process can be relatively informal, or entail the use of legal devices like interrogatories, depositions, and subpoenas.
- Settlement: Following discovery, both sides negotiate a settlement regarding children and/or property and it is submitted to the court. If the court approves of the settlement, the divorce is granted.
- Trial: If a settlement cannot be reached by negotiation, the case goes to trial. Divorce trials almost always take place before a judge who determines the settlement under state guidelines and grants the divorce.
- Decree: The court issues a final decree (or "judgment of divorce") that officially ends the marriage.
Do I need a lawyer?
Not necessarily. If you and your spouse agree on most issues, and possess few assets, you may be able to get a divorce without a lawyer. But if you have children and significant property to divide, lawyers are advisable. Each spouse should have their own lawyer.If your case is not particularly complex or contentious, you may be able to hire a lawyer who is not a specialist in matrimonial law. Most general practitioners would be able to handle most simple cases. Choose someone you trust, a person in whom you can confide your most intimate personal and financial information. Divorce lawyers won't help you handle the psychological process of divorce, but you can expect them to help you address your immediate concerns, offer good advice - and keep your secrets.
How to Select a Divorce Attorney
Select a counselor carefully
Divorce Attorneys
How to choose family law practitioner for divorce matters
Hawaii Divorce Laws
How to end a marriage in paradise
Divorce Laws
How to end a marriage
He Had it Coming
Stacy Schneider's Ten-step Plan for Outsmarting your Husband and Winning a Divorce
Stacy Schneider
Stacy Schneider offers to be Britney Spears Lawyer for Free
Landlord's Beware: Commercial Tenant Failure to Obtain Municipal Permits Not Grounds For Eviction
The New Jersey Appellate Division in an unpublished decision, Cesa...
Free Exercise Claim As To DNA Testing Rejected On Procedural Grounds
In In re My'kavellie E., (OH Ct. App., Dec. 31, 2007), an Ohio ap...
Foreigner in U.S. on Visitor’s Visa Does Not Fulfill Nevada’s Divorce Residency Requirement
A Canadian wife who had lived in Nevada for 3½ years on a v...
EU Member States Attack Divorce Conflict of Laws Scheme
16.11.2006 - 09:30 CET | By Teresa KüchlerEUOBSERVER / BRUSSELS -...
Same-sex Couple Seeks Divorce in Rhode Island
"A lesbian couple married in Massachusetts should have the same ri...
Can a collection acgency collection on a debt that has been removed from my credit report?
Send them a certified Verification of Debt letter. By law they have 30 days to s...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
He is a very smart man who is always looking for ways around things. The judge granted our divorce for December 12,2007, and my ex-husband told me that he just got married just before Thanksgiving. He is a student at Cal
i can answer that for you. with all due respect. better your own life just as i ...
This case is regarding a case settlement from a divorce in 1990 and turned into an estate matter. The attorney I hired was to charge the estate for his legal fees in which I understood was legal. after the court settleme
American Bar Association...
Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
When financing there are at least two documents...the mortgage and the note. The...
Lawyers! Want your Website or Blog Included Here?
Contact us!
You'll get lots of targetted new traffic and client leads. We'll also improve your existing online presence or even build you a new website or blog!

Oklahoma Uncontested Divorce Lawyer
How to Guarantee You'll Have a Divorce from Hell
Rhode Island Divorces: Divorcing with Dignity
What Are The Grounds For Divorce In Pennsylvania
Divorce Mediation — Can it save your marriage

Can a collection acgency collection on a debt that has been removed from my credit report?
Send them a certified Verification of Debt letter. By law they have 30 days to s...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
He is a very smart man who is always looking for ways around things. The judge granted our divorce for December 12,2007, and my ex-husband told me that he just got married just before Thanksgiving. He is a student at Cal
i can answer that for you. with all due respect. better your own life just as i ...
This case is regarding a case settlement from a divorce in 1990 and turned into an estate matter. The attorney I hired was to charge the estate for his legal fees in which I understood was legal. after the court settleme
American Bar Association...
Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
When financing there are at least two documents...the mortgage and the note. The...

















