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Legal Encyclopedia - Divorce
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divorce law: an overview
There are two types of divorce-- absolute and limited. An absolute divorce, (also called a "divorce a vinculo matrimonii" is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties' status becomes single again.
Several jurisdictions' statutes authorize limited divorces, or "divorce a mensa et thoro." The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. It is hard to tell whether no-fault divorce statutes are the cause or an effect of the rising national divorce rate in America. Look to various state laws (http://www.law.cornell.edu/topics/Table_Divorce.htm) for divorce law information.
menu of sources
Federal Material
Federal Judicial Decisions
- U.S. Supreme Court: Recent Divorce Decisions (http://supct.law.cornell.edu/supct/search/index.html?query=divorce)
- U.S. Circuit Courts of Appeals: Recent Divorce Decisions (http://www.law.cornell.edu/usca/search/index.html?query=divorce)
State Material
State Statutes
- State Divorce Laws (http://www.law.cornell.edu/topics/Table_Divorce.htm)
- Uniform Laws: (See LII Locator for Uniform Matrimonial, Family, and Health Laws (http://www.law.cornell.edu/uniform/vol9.html)):
- Uniform Divorce Recognition Act (http://www.law.cornell.edu/uniform/vol9.html#divrc) (adopted in California, Nebraska, New Hampshire, North Dakota, Rhode Island, South Carolina, Wisconsin)
- Uniform Child Custody Jurisdiction Act (http://www.law.cornell.edu/uniform/vol9.html#child)(adopted in all 50 states plus the District of Columbia)
- Uniform Civil Liability for Support Act (http://www.law.cornell.edu/uniform/vol9.html#cvlia) (adopted in Maine, New Hampshire, Utah)
- Uniform Marital Property Act (http://www.law.cornell.edu/uniform/vol9.html#marp)(adopted in Wisconsin)
- Uniform Marriage and Divorce Act (http://www.law.cornell.edu/uniform/vol9.html#marp)(adopted in Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana, Washington)
- Uniform Premarital Agreement Act (http://www.law.cornell.edu/uniform/vol9.html#prema) (adopted in Arizona, Arkansas, California, Hawaii, Illinois, Iowa, Kansas, Maine, Montana, Nevada, New Jersey, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Virginia)
- Uniform Interstate Family Support Act (http://www.law.cornell.edu/uniform/vol9.html#famsp)(adopted Arizona, Arkansas, Colorado, Montana, Nebraska, Oregon, Texas, Washington)
State Judicial Decisions
- N.Y. Court of Appeals:
- Divorce Cases (http://www.law.cornell.edu/nyctap/search/index.html?query=divorce+not+liibulletin)
- Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+divorce)
- Appellate Decisions from Other States (http://www.law.cornell.edu/states/)
Other References
Key Internet Sources
- Divorce Helpline (http://www.divorcehelp.com/)
- Divorcenet (http://www.divorcenet.com/index.html)
- DivorceSource (http://www.divorcesource.com/)
- Split-up (http://www.split-up.com/)
other topics
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