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The party filing for the divorce must prove that the other party has done something to justify ending the union. [8] Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other party’s guilt. [8]
Many states allow for couples to file for a summary divorce based upon a jointly filed divorce petition. A summary divorce means the spouses have discussed the terms required by state law to issue a divorce and they have reached a mutual agreement. Almost every state allows for this type of "uncontested" divorce. [83] [84] An uncontested joint ...
In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. [2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.
Most U.S. states charge between $175 and $350 for a simple divorce filing. [38] [39] [40] Collaborative divorce and mediated divorce are considered uncontested divorces. In the United States, many state court systems are experiencing an increasing proportion of pro se (i.e., litigants represent themselves without a lawyer) in divorce cases. [41]
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
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