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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 ...
Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the Family Law Act 1975, which established no-fault divorce in Australia. Since 1975, the only ground for divorce is the irretrievable breakdown of the marriage, evidenced by a twelve-month separation.
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No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
Divorce laws vary considerably around the world, [1] but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, [3] child custody, [3] alimony (spousal support), child visitation / access, parenting time, child support, and division of
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