Divorce FAQ
Q: What is a divorce?
A: A divorce--referred to in some states as a "dissolution of marriage"--is a decree by a court that a valid marriage no longer exists. It leaves both parties free to remarry. It usually provides for division of property and makes arrangements for child custody and support.
Q: Are most divorces contested?
A: No. Although divorces may be emotionally contentious, most divorces (probably more than 95 percent) do not end up in a contested trial. Usually the parties negotiate and settle such things as property division, spousal support, and child custody between themselves, probably with attorneys' help. Sometimes parties reach an agreement by mediation, with a trained mediator who tries to help husband and wife identify and accommodate common interests. The parties then present their negotiated or mediated agreement to a judge. Approval is virtually automatic if the agreement is fair.
If parties are unable to agree about property, support, and child custody, they may ask the court to decide one or more of those matters. One spouse may sue the other for divorce, alleging certain faults or offenses by the defendant. But this has become far less common than it once was. Most divorces now are no-fault divorces.
Q: What are grounds for obtaining a divorce based on fault?
A: States that allow fault-based divorce vary somewhat on the allowable grounds. Many states permit divorce for adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one's spouse with venereal disease. Spouses in the mood for revenge probably could come up with a multi-count complaint.
Q: What is a no-fault divorce?
A:
It is a divorce in which neither person blames the other for breakdown of the marriage. There are no accusations, no need to prove "guilt." A common basis for a no-fault divorce is "irreconcilable difference" or "irretrievable breakdown." As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. Another common basis for no-fault divorce is the parties living separate and apart for a given period of time, such as for six months or a year, with the intent that the separation be permanent.
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Guide to Family Law
Copyright © 1996, 2000 American Bar Association
