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Wednesday, November 12, 2014

Divorce And Separation

Introduction: 

         
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                           Divorce And Separation

 

 A divorce formally dissolves a legal marriage. Divorce grounds vary significantly from country to country,religious to others religious. while married couple do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce service public policy interest some states require a "cooling or period" which prescribed a time period after legal separation that spouses must bear before they can initiate divorce proceedings.
Law:

Divorce laws considerably around the world. but in most countries it requiers the sanction of a court or other authority in a legal process.The legal of divorce may also involve issues of alimony (spousal support),child custody,child visitation,access parenting time,child support,distribution of property,and division of debt.

Courts in the united States currently recognize two types of divorces; absolute divorce known as "divorce vinculo matrimonii" and limited divorce,known as divorce a menso et thoro. To obtain an absolute  divorce courts require some type of evidentiat showing of misconduct or wrongdoing on the spouses part. An absolute divorce is a judicial termination of a legal marriage. An absolute divorce results in the changing back of both parties statuses to single. Limited divorce are typically referred to as separation decrees. Limited divorces result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties statuses remain unchanged.Some state permit conversation divorce. Conversation divorce transforms a legal separation into a legal divorce after both parties have been separated for a satutorily prescribed period of time.

Many states have enacted no fault  divorce statutes. No fault divorce statutes do not require showing spousal misconduct and are a response to outdated divorce statuses that require proof of adultery or some other unsavory act in a court of law by the divorcing party. Nevertheless, even today, not all states have enacted no fault divorce statutes. Instead, the court must only find........
1. That  the relationship is no longer viable

2. Irreconcilable differences have caused an irremediable breakdown of the marriage

3. That discord or conflict of personalities have destroyed the legit end of the marital relationship and prevents any reasonable possibility of reconciliation, or

4. That the marriage is irretrievably broken.

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