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Divorce

Divorce (also known as dissolution of marriage) is the optional process of terminating a marriage or marital union.

Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the state. Divorce laws vary considerably, but in California divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. Monogamy is required by law, so divorce allows each former partner to marry another person.

Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

Grounds for divorce vary widely. Marriage may be seen as a contract, a status, or a combination of these. Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. Many jurisdictions offer both the option of no-fault divorce as well as an at-fault divorce.

Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault-based and no-fault-based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still consider the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements, and support. In some jurisdictions, one spouse may be forced to pay the attorney’s fees of another spouse.

Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.

*Content from https://en.wikipedia.org/wiki/Divorce

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