With Justice for ALL (quote from the pledge of allegience U.S.A.)
This is an informational website offering support not legal advise
- Types of Divorces (Dissolutions) -
Please understand that just because these "types" of divorce are practiced it does NOT mean they are judicially correct or constitutionally correct. In fact all but fault divorce and agreed divorce are violations of both judicial and constitutional rights.
Types Of Divorce -
Historically, a court would only consider granting a divorce if one spouse had done something seriously wrong -- for example, committed adultery, deserted a spouse, or abused a spouse. Today, in general, you can get divorced for any reason or for no reason at all. The law reflects both the older and more recent customs.
1. "Fault" divorce, which means divorce for a particular reason, referred to as the "grounds" for the divorce. Only the party with the greater guilt is supposed to be able to obtain a "fault" divorce. "Fault" divorces establish punitive damages and influence property settlements as the "party of the greater guilt" is considered responsible for the relational damage.
Laws in Alabama, Connecticut, Maryland, New Hampshire, South Carolina and Virginia allow the court to consider marital misconduct in determining the equitable distribution of the marital property. Further, Georgia, Louisiana, North Carolina and South Carolina bar an award of alimony to a spouse who has committed marital misconduct.
In a few states, including West Virginia and Louisiana, a spouse who commits adultery is not eligible for alimony. No-fault divorce Today all states and the District of Columbia have some form of no-fault divorce available. Depending on the state in which you live, the grounds for a no-fault divorce may be referred to as irreconcilable differences, incompatibility or irrevocable breakdown.
Until fairly recently, a fault divorce was the only means available to terminate a marriage (aside from the death of one of the spouses). A fault divorce is only granted if one of the spouses is legally at fault--hence the term "fault" divorce.
Today about two-thirds of states still offer some form of fault divorce when marital misconduct has been established. In a fault divorce the petitioner (the person asking for the divorce) must prove that an act by his or her spouse constitutes marital misconduct and provides a legal reason for a divorce.
2.. "No-fault" divorce. The grounds for divorce vary from state to state. Although in many states the presence of fault is not taken into account when dividing marital property, in some states marital misconduct can be considered when dividing property and awarding support, and even in deciding custody matters. This type of divorce is unconsitiutional and judicially incorrect.Generally speaking, in a no-fault divorce action, spouses can terminate a marriage at will.
Although in a no-fault divorce couples are not required to prove marital misconduct, there may still be statutory requirements that must be met. For example, it may be necessary to establish that the spouses lived in separate residences for a certain length of time or obtained a legal separation.
When a party to a divorce is served with a summons but doesn't appear in court, in some states, the court will automatically grant the divorce, known as a "default" or "uncontested" divorce. Until recently divorce, unlike other civil complaints, could not be granted by default. States protected what they perceived as a state interest in families staying intact by only granting divorces when there was proof that the person seeking the divorce was entitled to a divorce decree. Now that fault grounds have been abandoned or reduced to a lesser role in divorce proceedings, an assertion by one party that the marriage is irretrievably broken is enough to warrant granting a divorce decree in some states.
The due process clause in the U.S. Constitution requires that a spouse serve the civil complaint for a divorce to the responding spouse. If you are unable to locate your spouse to provide notice or if a spouse is intentionally avoiding service, many states will allow notification to be served by publication in a newspaper. If a couple has worked everything out and come to an agreement beforehand, a default divorce may be a way for the spouses to avoid unnecessary costs in time and money. Divisible or bifurcated divorce In a divisible or bifurcated divorce the marriage between spouses is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a divisible or bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, yet they want to wait to resolve other issues.
A foreign divorce is a divorce obtained outside the state in which the spouses live, either in a different country or in a different state. As a general rule, the divorce decree of one state must be recognized in all other states. If, however, the state that is requested to honor the divorce decree determines that neither of the spouses lived in the state where the divorce was granted, it may not have to recognize the divorce decree.
The requirements for establishing residency vary from state to state. Some states require that individuals live in state for a year before establishing the necessary domicile for a divorce, while other states and the Uniform Marriage and Divorce Act permit divorces even in circumstances in which domicile has not been established. For example, statutes for military personnel authorize divorce for enlisted men and women who have not met the residency requirements if they have been stationed within a state for a short period of time, typically between 90 days to six months.
In addition, some states have statutes that allow you to waive the residency requirements for a divorce decree as long as both spouses are present at the time the divorce decree is granted.
In some countries, such as Mexico, Haiti or the Dominican Republic, divorces can often take place within a matter of a few days and are therefore commonly referred to as "quickie divorces."
In fact, there are some places--such as the Dominican Republic--from which individuals can obtain a mail-order divorce without ever leaving home.
It is commonly understood that although quickie divorces may be appealing for obvious reasons, they can be risky. Recognition of quickie divorces varies greatly from state to state.