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What Is Divorce?

Divorce is the dissolution of a marriage.  Rates of divorce have skyrocketed during the last 100 years as the stigma of divorce and social consequences have waned.  In the recent past, one of the parties had to show legal fault by the other party to be granted a divorce.  Today no-fault divorce is allowed in every state making divorce a simple mutually agreed to process.

Many women are also opting to have children outside of marriage as the single-parent family has become widely accepted.  Today the stigma of being an unwed or divorced mother has all but disappeared.

Children born in common law marriages are presumed to be the husband's child.  However, if this is not actually the case, a paternity proceeding can absolve the husband of parental and financial responsibilities to the child.  If a child is conceived before divorce and born afterwards litigation may be required to prove parental responsibility.

Divorce is a legal action that must be accomplished by judicial procedure.  The parties can tentatively agree upon the the disposition of community property and other matters but the court will have the final word with regards to the divorce, property settlement, child custody and visitation, and the amount of alimony and child support payments to be made by the parties.  A pre-marital agreement can provide some protection to assets that were acquired before the marriage.  In some cases the court will permit "family mediation" to arrive at a less contested means of settling a divorce and resolving issues.

Men who have divorced are referred to as a divorcé while a divorced woman is a divorcée.

 

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Facts of Law about divorce

Facts of Law - Divorce