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Each state in the United States has its own set of grounds. [2] A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. [3] Several states require that the couple must live apart for several months before being granted a divorce. [4]
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.
In some states, separation is a triggering event, recognized as the end of the term of the marriage. Other states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. Age of the parties at the time of the divorce
A separation decree may be granted when there are facts that would render the continuation of married life intolerable or have a serious and damaging impact on the upbringing of the children. Separation may also be granted by mutual consent. Separation by mutual consent and uncontested divorce are also possible without judicial procedure.
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