The ending of a marriage because it has irretrievably broken down. To establish irretrievable breakdown, it is necessary to prove one or more of the following (the Five Facts): Adultery Unreasonable behaviour Desertion Two-year separation with the consent of the other party (no fault) and/or 5-year separation when no consent is needed.
a civil lawsuit to end a marriage when the husband and wife cannot resolve their problems and ask the court to make the final decision and issue orders about property division, spousal support and any issues regarding minor children
(dissolution) A divorce is aÂ judgment or decree of a court that legally dissolves the marriage relationship of man and wife.Â Â The term divorceÂ connotes an element of fault.Â In California, which is a "no fault" jurisdiction, the more correct term is dissolution or dissolution of marriage.
The termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time (as little as six weeks in Nevada). In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile.
The proceeding in which legally married spouses are divorced under the federal Divorce Act. Often, the term is used to describe the divorce judgment granted at the same time that corollary relief is granted. The divorce takes legal effect 31 days after the divorce judgment. ( See also corollary relief.)