Divorce and Separation | New Resolution LLC

Parties in California can legally end their marriage and/or separate in three ways: dissolution (divorce), legal separation, and nullity. In short, a dissolution of marriage divides marital property and settles support and parenting arrangements for children. Legal separation similarly divides property and makes orders for support and parenting, but the parties remain married. A nullity declares a marriage void or voidable and restores the couple to their former statuses.

Dissolution of Marriage

The process of dissolution begins when one spouse (the so-called petitioner) files the Petition (FL-100) and Summons (FL-110) forms with the Family Law Division of the Superior Court. The petitioner must also ensure that copies of the Petition and Summons, stamped by the clerk of the court, together with a blank Response (FL-120) form are served on the other spouse (the respondent).

If you’re the petitioner, you cannot personally serve these papers on the respond-
ent. Service must be instead performed by the county Sheriff’s Department, by a private process server, by any other person who is neither a minor nor a party to the dissolution proceedings. Service may also be performed via mail. Following service, the server completes the Proof of Service of Summons (FL-115), which the petitioner files with the court.

The respondent has thirty days from service to respond by filing and serving the Response. Timely completion of this form — which is almost identical to the Petition (FL-100) — ensures that the respondent can participate fully and equally in the dissolution process. Hereafter, the course of a dissolution will differ greatly depending on whether the parties settle issues of property division, support, and child custody through litigation or mediation.

Litigation is inherently adversarial. Indeed, divorce litigation is among the most painful and damaging experiences that a person will ever encounter. It’s also an extraordinarily expensive way to end a marriage, sometimes depleting the parties’ life savings in professional fees.

Legal Separation

Identical in procedure to a dissolution of marriage, a legal separation culminates in a division of property and orders for support and parenting of any children. Also like dissolution, the parties to a legal separation may reach settlement terms via litigation or mediation. The most common reasons to file for legal separation are the following:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.
Speed. Either party to a dissolution in California must have resided in the state for six months and in the county of filing for three months prior to filing the Petition. Couples who don’t meet these requirements but who want a speedy divorce can begin an action for legal separation — which has no residency requirements — and later amend that action to a dissolution of marriage.

Nullity

In rare instances, a spouse can obtain a nullity judgment i.e. a judgment that the marriage has no legal standing. A marriage may be voidable under the following circumstances as detailed in California Family Code §2210: one of the parties was a minor at the time of marriage and did not subsequently consent to cohabit as husband and wife; a party is of unsound mind; one party is physically incapable of consummating the marriage; or the marriage was obtained by fraud or force. A marriage may also be determined void from the outset — and likewise subject to a nullity judgment — in cases of bigamy, polygamy, and incest (§2200–2201).

[Divorce laws of California]

Parties in Arizona can legally separate or end their marriage — whether a covenant marriage or non-covenant marriage — in three ways: dissolution (divorce), legal separation, and annulment. In short, a dissolution of marriage divides marital property and settles spousal maintenance, child support, and parenting arrangements for children. Legal separation similarly divides property and makes orders for maintenance, child support, and parenting, but the parties remain married. An annulment establishes that an impediment to the marriage's validity existed at the time of the marriage and restores the spouses to their former statuses.

Grounds for Dissolution and Legal Separation

Whether the marriage is a covenant marriage or a non-covenant marriage, the court will generally grant a dissolution of marriage (divorce) or legal separation if both spouses agree to seek that action. This is the situation when spouses choose mediation to settle the terms of their dissolution or legal separation.

In cases where one spouse is unwilling to agree to the dissolution or legal separation, the grounds for ending a covenant marriage are more demanding. These grounds include evidence of adultery, abuse, abandonment, or commission of a felony by the respondent, or a period of physical separation without reconciliation.

Dissolution of Marriage

The process begins when one spouse (the so-called petitioner) files a petition with the Superior Court. The Petition provides the court with information about the parties, their children (if any), and the property/debts of either party. The petitioner must usually provide the other spouse with a copy of the petition through a process of service. If this other spouse resides in Arizona, this spouse must file a response within twenty days of service. (If the spouse is served outside Arizona, the response must be filed within thirty days of service.) Failure by the other spouse to file a response may deny that spouse the opportunity to participate in the divorce proceedings. This, in turn, will likely result in a default divorce according to the request of the petitioner.

Hereafter, the course of a dissolution will differ greatly depending on whether the parties settle issues of property division, spousal maintenance, child support, and parenting arrangements through litigation or mediation.

Legal Separation

Spouses may petition for a legal separation if they agree that the marriage is irretrievably broken or they agree that they shall live separate and apart. If one spouse objects to a legal separation, the court must amend the request to a dissolution of marriage.

Similar in procedure to a dissolution of marriage, a legal separation culminates in orders for division of property, spousal maintenance, child support, and parenting arrangements. Also like dissolution of marriage, spouses may reach settlement terms for legal separation via a contested litigation or via mediation. The most common reasons to file for legal separation are:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Spousal benefits such as participation in a spouse’s employer-sponsored health insurance plan or Social Security entitlement might otherwise terminate with a dissolution of marriage.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.
Speed. Either spouse (the petitioner or respondent) must have resided in Arizona for ninety days before either can file for dissolution of marriage. A petition for legal separation also requires that either spouse live in the state, although no minimum period of residency applies. Couples who don’t meet the 90-day limit for dissolution but who want a speedy divorce can proceed with a legal separation and later amend it to a dissolution of marriage.

Annulment

In rare instances, a spouse can obtain an annulment by demonstrating to the court that an impediment to the marriage’s validity existed at the time of the marriage. The court must independently find that the petition (request) for annulment has legal merit. In other words, two spouses cannot obtain an annulment merely by their agreement to seek an annulment. Grounds for annulment include intention to defraud, intention to lie about a criminal record or history of mental illness, the existence of a prior marriage at the time of the ceremony, and failure to consummate the marriage.

[Divorce laws of Arizona]

Parties in Washington can legally end their marriage via a dissolution (divorce) or, in rare cases, a declaration of invalidity. In short, a dissolution of marriage divides marital property and settles spousal support, child support, and parenting arrangements for children. A declaration of invalidity (or annulment) establishes that an impediment to the marriage’s validity existed at the time of the marriage and restores the spouses to their former statuses. Similar to dissolution, legal separation also divides property and makes orders for spousal maintenance, child support, and parenting arrangements, but the parties remain married.

Dissolution of Marriage

Washington is a no-fault state, meaning that neither spouse need show wrong-
doing in order to obtain a divorce (or legal separation). A sufficient ground is the assertion that the marriage is “irretrievably broken”.

The process of dissolution begins when one spouse (the so-called petitioner) files a petition and summons with the Superior Court in the county where that spouse currently resides. The petition provides the court with basic information about the parties to the action, and the summons commands the other spouse to respond to the petition. The petitioner must usually provide the other spouse with a copy of the petition and summons through a process of service. This other spouse may then file a response within twenty to sixty days of service (depending on this other spouse’s place of residence). Failure by the other spouse to file a response may deny that spouse the opportunity to participate in the divorce proceedings.

Hereafter, the course of a dissolution will differ greatly depending on whether the parties settle issues of property division, spousal maintenance (alimony), child support, and parenting arrangements through litigation or mediation. Litigation is inherently adversarial. Indeed, divorce litigation is among the most painful and damaging experiences that a person will ever encounter. It’s also an extraordin-
arily expensive way to end a marriage, sometimes depleting the parties’ life savings in professional fees.

Mediation is an altogether different approach to marital settlement. Instead of framing the effects of marriage — property, debts, and children — as the spoils of a contest, it reframes the divorce as a set of problems to be solved. For example, How should the property and debts be divided? How would you like to arrange the care of your children? How will you share in the cost of raising your children? On settling these issues, the parties can file a Marital Settlement Agreement and Final Decree, which, with a judge’s (or court commissioner’s) approval, detail the terms of their divorce. In most cases, neither spouse would ever need to appear before the court.

Legal Separation

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart without repudiating their marriage vows.
Financial expediency. Spousal benefits such as health insurance and Social Security — which might otherwise terminate with a dissolution of marriage — may remain payable to a legally separated spouse.

On request of either spouse, the court may convert a decree of legal separation into a decree of dissolution of marriage if at least six months have elapsed since issuance of the decree of legal separation.

Declaration of Invalidity (Annulment)

In very rare instances, a spouse can obtain a declaration of invalidity (also known as an annulment) by demonstrating to the court that an impediment to the marriage’s validity existed at the time of the marriage. Either party to a marriage — and, in some cases, other persons such as the guardian of an incompetent spouse or the child of an allegedly bigamous marriage — may petition the court for a declaration of invalidity.

The court must independently find that the petition has legal merit. In other words, two spouses cannot obtain an annulment merely by their mutual consent to seek an annulment. Grounds for declaring a marriage invalid include the insufficient age of one or both of the parties and/or the lack of required parental or court approval; the existence of a prior marriage at the time of the ceremony; mental incapacity; duress; fraud; and consanguinity (marriage between close relatives).

[Divorce laws of Washington]

Parties in New Mexico can legally end their marriage and/or separate via dissolution (divorce), legal separation, and, in rare cases, annulment. In short, a dissolution of marriage divides marital property and settles spousal support, child support, and parenting arrangements for children. An annulment establishes that an impediment to the marriage’s validity exist-
ed at the time of the marriage and restores the spouses to their former statuses. Similar to dissolution, legal separation also divides property and makes orders for spousal support, child support, and parenting arrangements, but the parties remain married.

Grounds for Dissolution and Legal Separation

New Mexico allows both no-fault and fault actions for dissolution and legal separation. No-fault actions are for reason of incompatibility. Fault actions (exceedingly rare) are for cruel and inhuman treatment, adultery, or abandonment. If the spouses are not able to agree upon and substantiate the grounds of the action, the spouse filing for the action must prove grounds to the court. In cases where spouses choose to reach a settlement through mediation, the ground for divorce will likely be incompatibility.

Dissolution of Marriage

The process begins when one spouse (the so-called petitioner) files a petition with the district court in the county where either spouse has lived for at least six months. The petition provides the court with basic information about the parties to the action. The petitioner must usually provide the other spouse with a copy of the petition through a process of service. This other spouse may then file a response within thirty days of service, although the petitioner can waive this requirement. Failure by the other spouse to file a response may deny that spouse the opportunity to participate in the divorce proceedings.

Hereafter, the course of a dissolution will differ greatly depending on whether the parties settle issues of property division, spousal support, child support, and parenting arrangements through litigation or mediation.

Mediation is an altogether different approach to marital settlement. Instead of framing the effects of marriage — property, debts, and children — as the spoils of a contest, it reframes the divorce as a set of problems to be solved. For example, How should the property and debts be divided? How would you like to arrange the care of your children? How will you share in the cost of raising your children? On settling these issues, the parties can file a Marital Settlement Agreement and Final Decree, which, with a judge’s approval, detail the terms of their divorce. In most cases, neither spouse would ever need to appear before the court.

Legal Separation

Similar in procedure to a dissolution of marriage, a legal separation culminates in orders for division of property, spousal support, child support, and parenting arrangements. Also like dissolution of marriage, spouses may reach settlement terms for legal separation via a contested litigation or via mediation. The most common reasons to file for legal separation are:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart without repudiating their marriage vows.
Financial expediency. Spousal benefits such as health insurance, retirement, and Social Security — which might otherwise terminate with a dissolution of marriage — may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.
Speed. Either spouse (the petitioner or respondent) must have resided in New Mexico for six months before either can file for dissolution of marriage. A petition for legal separation also requires that either spouse live in the state, although no minimum period of residency applies. Couples who don’t meet the six-month limit for dissolution but who want a speedy divorce can proceed with a legal separation and later amend it to a dissolution of marriage. However, the court cannot issue orders for child support and parenting arrangements unless the children have lived in New Mexico for six months.

Annulment

In rare instances, a spouse can obtain an annulment by demonstrating to the court that an impediment to the marriage’s validity existed at the time of the marriage. The court must independently find that the petition (request) for annul-
ment has legal merit. In other words, two spouses cannot obtain an annulment merely by their agreement to seek one. Grounds for annulment include intention to defraud, the existence of a prior marriage at the time of the ceremony, and reasons of incapacity to enter into a marriage contract.

[Divorce laws of New Mexico]

Parties in Florida can legally end their marriage in two ways: dissolution of marriage (divorce) and annulment. In short, a dissolution of marriage divides marital property and settles alimony, child support, and parenting arrangements for children, whereas an annulment establishes that a a valid marriage never existed and restores the spouses to their former statuses.

Grounds for Dissolution of Marriage

Florida is a no-fault state, meaning that neither spouse need show wrongdoing in order to obtain a divorce. A sufficient ground for divorce in Florida is the testimony, accepted by the court from either spouse, that the marriage is “irretrievably broken” (Florida Statutes, Civil Practice and Procedure, 61–052). Challenges to this testimony are rare, and the court will generally grant a petition (request) for dissolution of marriage (divorce).

Dissolution of Marriage

The process begins when one spouse (the so-called petitioner) files a petition for dissolution of marriage with the circuit court where either spouse resides. The petition provides the court with basic information about the case. The petitioner must also provide the other spouse with a copy of the petition and a court-issued document called a summons through a process of service. (Service is often via a sheriff or process server, although spouses may prefer an alternative whereby the other spouse files an ‘Answer and Waiver’ instead.)

The other spouse must file an answer (a response) to the petition within twenty days of service. Failure to file a response may result in a default divorce according to the request of the petitioner, denying the other spouse the opportunity to participate in the divorce proceedings.

In cases where spouses have minor children together, Florida’s divorce laws also require each spouse complete a short Parent Education and Family Stabilization course. (They need not complete this course together.) The course endeavors to help parents understand the impact of divorce on themselves and their children.

Hereafter, the dissolution process will differ greatly depending on whether the parties settle issues of property division, alimony, child support, and parenting arrangements through litigation or mediation.

Mediation is an altogether different approach. Instead of framing the effects of marriage — property, debts, and children — as the spoils of a contest, it reframes the divorce as a set of problems to be solved. For example, How should the property and debts be divided? How would you like to arrange the care of your children? How will you share in the cost of raising your children? In uncontested cases that are settled in this way, the divorce process concludes with a comprehensive marital settlement agreement and a short Uncontested Final Hearing before the judge who grants the dissolution of marriage.

Legal Separation

Unlike most states, Florida’s statutes don’t directly provide for legal separation. However, spouses may, whether living together or apart, obtain — either through a settlement agreement or through contest — orders for alimony, child support, custody, and visitation unconnected with an action for dissolution of marriage.

Annulment

Whereas Florida has no specific statute on annulment, an innocent party or the party’s heirs or legal guardian can bring an annulment action. The action must either to show that a marriage is void (i.e. intrinsically invalid and so could not have existed) or to ask the court to find the marriage voidable (i.e. invalidated by the court because it should not have existed).

Annulment may be a suitable way of terminating a marriage when one party lacked the capacity to contract to marriage, lacked requisite mental capacity, or was un-
able to consummate the marriage. Other grounds for annulment that may be cited include the existence of a prior marriage at the time of the ceremony, duress, or use of fraud and deceit.

[Divorce laws of Florida]

Dissolution of Marriage

Parties in Texas can legally end their marriage via dissolution (divorce) or, in rare cases, annulment. In short, a dissolution of marriage divides marital property and settles spousal support, child support, and parenting arrangements for children. An annulment establishes that an impediment to the marriage’s validity existed at the time of the marriage and restores the spouses to their former statuses. Unlike many states, Texas has no provision for legal separation.

The divorce process begins when one spouse (the so-called petitioner) files a document entitled Original Petition for Divorce with the district court. At least one of the spouses must have resided in Texas for six months prior to filing. And, except in the case of a petitioner who lives outside Texas, the filing will take place in the county where either spouse has lived for at least ninety days.

After the petition has been processed by the court, it must be delivered to the other spouse. This delivery is often by a process of service via a sheriff, constable, or private process server. However, when spouses wish to cooperate with one another in the divorce action, the other spouse can file a response and waive the requirement of service. Failure by the other spouse to file a response may deny that spouse the opportunity to participate in the divorce proceedings.

Mediation is an altogether different approach to marital settlement. Instead of framing the effects of marriage — property, debts, and children — as the spoils of a contest, it reframes the divorce as a set of problems to be solved. For example, How should the property and debts be divided? How would you like to arrange the care of your children? How will you share in the cost of raising your children? On settling these issues, the parties can file a Marital Settlement Agreement, which, with a judge’s approval, detail the terms of their divorce. In most cases, neither spouse would ever need to appear before the court.

Annulment

In very rare instances, a spouse can obtain an annulment by demonstrating to the court that an impediment to the marriage’s validity existed at the time of the marriage. The annulment action must show either that a marriage is either void (i.e. intrinsically invalid and so could not have existed) or voidable (i.e. invalidated because it should not have existed).

A marriage may be void for reasons of consanguinity (marriage between close relatives) and the existence of a prior marriage at the time of the ceremony. Grounds to render a marriage voidable include duress, fraud, mental incapacity, impotency, marriage when under the age of fourteen years, and (with more conditions) marriage when under the age of eighteen years. Complex conditions — too numerous to mention here but detailed in Chapter 6 of the Family Code — surround many of these grounds for annul>ment.

[Divorce laws of Texas]

Grounds for Divorce

Six grounds for divorce are available in the state of New York: cruel and inhuman treatment (Domestic Relations Law §170.1); abandonment for an unbroken period of one year (DRL § 170.2); imprisonment for more than three years after the marriage (DRL § 170.3); adultery (DRL § 170.4); conversion of a separation judgment (DRL § 170.5); and conversion of a separation agreement after living separate and apart for more than one year (DRL § 170.6).

In this way, New York does not provide a no-fault option for divorce available in many other states. This limitation notwithstanding, cooperative spouses (i.e. spouses who seek an uncontested divorce) in New York are likely to favor divorce via a written separation agreement. The separation agreement stipulates matters such as the division of assets and liabilities; custody, visitation, and support of any children; and spousal maintenance.

Then, having lived apart for one year while legally separated according to the terms of their separation agreement, either spouse may petition the court for conversion of the separation agreement into a judgment of divorce (DRL § 170.6). The separation is itself the basis for the divorce.

Legal Separation

Although much less common (and distinct from separation via a separation agreement as referenced above), spouses may seek an action for separation as an alternative to divorce. Legal separation is a choice sometimes favored by couples who wish to separate without violating the life-long commitment of their marriage (the so-called “Catholic divorce”). Again, grounds for a judgment of legal separation are necessary — in summary, cruel and inhuman treatment, abandonment, refusal to provide for a spouse, adultery, or imprisonment for a period of three or more consecutive years after the marriage.

Similar in procedure to a divorce, a legal separation culminates in orders for division of assets and liabilities, custody, visitation, and support of any children, and spousal maintenance. The ensuing judgment for separation may be indefinite (i.e. forever) or for a limited time. It is also revocable by the court upon joint application of the parties.

Nullity

In rare instances, a spouse can obtain a nullity judgment i.e. a judgment that the marriage is void and has no legal standing. Either party to a marriage — and, in some cases, other persons such as the parent of a minor spouse or any relative of a mentally retarded spouse — may petition the court for a declaration of invalidity.

A marriage may be voidable under the following circumstances as detailed in Article 9 of the Domestic Relations Laws: the marriage to a prior spouse is still in existence; one of the parties was a minor at the time of marriage and did not subsequently consent to cohabit as husband and wife; a party is mentally ill or mentally retarded at the time of the marriage, and the other party had no knowledge of this condition; one party is physically incapable of consummating the marriage; the marriage was obtained by force, duress, or fraud; a party to the marriage has had an incurable mental illness for at least five years.

[Divorce laws of New York]

Grounds for Divorce

A spouse seeking a divorce in New Jersey must cite one of nine grounds: irreconcilable differences, adultery, willful and continued desertion, separation, extreme cruelty, voluntarily induced addiction, institutionalization for mental illness, imprisonment, or deviant sexual conduct. Instituted as recently as 2007, the “irreconcilable differences” ground has quickly become the most popular choice for divorcing couples. It provides an easier, no-fault option in common with many other states, alleviating the need for spouses to either separate for 18 months prior to divorce or file under a fault ground such as adultery or extreme cruelty.

Legal Separation

Unlike many states, New Jersey’s statutes do not provide an action for legal separation (except in the case of couples united through civil unions). However, spouses in New Jersey do have some alternatives if they wish to separate while remaining married for religious or other reasons. They can negotiate all issues of property division, child custody, child support, and spousal support and enter into a formal Marital Settlement Agreement (also known as an Interspousal Agreement) while remaining married. They can file for child custody, child support, and/or spousal support without also filing for divorce. And they can obtain a Divorce from Bed and Board — a court order that determines property division, child support, spousal support, etc. without granting a full and formal divorce.

Nullity

In rare instances, a spouse can obtain a nullity i.e. a judgment that the marriage is void and has no legal standing. A marriage may be voidable under various circumstances including duress; misrepresentation or fraud (e.g. a spouse lied about a pregnancy or the ability to conceive children); incompetence to enter into marriage due to intoxication, mental illness, or other reasons; and impotence.

In cases of marriage to a minor, marriage between blood relatives such as siblings, and the existence of a prior marriage at the time of the ceremony, the marriage may be declared void ad initio — that is, void from inception, as if it never happened in the first place. A civil annulment in such circumstances may not be necessary though still advisable.

[Divorce laws of New Jersey]

Grounds for Divorce

Part IV of the Illinois Marriage and Dissolution of Marriage Act offers spouses both no-fault (“irreconcilable differences”) and fault options for divorce (dissolution of marriage). When both spouses are in agreement of (or at least accepting of) the decision to divorce, they can enter into a written settlement to end the marriage after six months of separation. The Marital Settlement Agreement describes terms of property division, spousal maintenance, child support, and child custody as appropriate. Either spouse can also obtain a no-fault divorce after a separation of two years or more without the consent of the other.

Divorce may be alternatively possible against the wishes of one spouse when the period of separation is less than two years on one of the following fault grounds:

Impotence of the other spouse (the “respondent”).
Bigamy by the respondent.
Commission of adultery by the respondent.
Wilfull desertion of the petitioner for one year.
Habitual drunkenness of the respondent for two years.
Excessive use of drugs for two years by the respondent.
An attempt to kill the petitioner.
Extreme mental or physical cruelty by the respondent.
A felony conviction of the respondent.
Infection of petitioner, by respondent, of a sexually transmitted disease.

Legal Separation

Almost identical in procedure to a dissolution of marriage, a legal separation culminates in a division of property and orders for spousal maintenance, child support, and custody of any children. Also like dissolution, the parties to a legal separation may reach settlement terms via litigation or mediation. Spouses may favor legal separation over dissolution of marriage for various reasons:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate, thereby formally dividing their estates and living apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.
Speed. By circumventing the requirement for a period of separation in no-fault dissolution of marriage cases, spouses may be able to more quickly obtain a legal separation, thereby advancing the date of termination of the marital estate. This may in turn have tax advantages, help shelter assets, or protect one spouse from debts of the other.

Either spouse can later convert a legal separation into a dissolution of marriage (divorce), providing the conditions for divorce have since been met.

Declaration of Invalidity

In rare instances, a spouse can obtain a declaration of invalidity (formerly known as annulment) i.e. a judgment that the marriage is void and has no legal standing. The marriage may be invalid under circumstances described in Part III §301 of the Illinois Marriage and Dissolution of Marriage Act. These include:

A party lacked capacity to consent to the marriage because of mental incapacity or because of the influence of alcohol or drugs.
Force, duress, or fraud.
Impotence of which the other party had no knowledge at the time of the marriage ceremony.
A party was aged 16 or 17 years and had neither judicial approval nor the consent of parents or a guardian .
The marriage is otherwise prohibited.

[Divorce laws of Illinois]

Parties in Michigan can legally end their marriage and/or separate in three ways: divorce, legal separation (technically, separate maintenance), and annulment. In short, a divorce divides marital property and settles alimony (spousal support) and parenting arrangements (child support and custody) for any children. A judgment of separate maintenance results in similar orders but preserves the marriage such that the spouses cannot remarry. An annulment declares a marriage void or voidable and restores the couple to their former statuses.

Grounds for Divorce

Michigan is a so-called no-fault state. This means spouses can obtain a divorce either by mutual consent or by assertion of either spouse that a breakdown of the marriage has occured with no reasonable likelihood that the marriage can be preserved. Unlike many states, Michigan imposes no requirement for a period of separation before a spouse may file a Complaint for Divorce.

In this way, the issue of fault is not relevant to the divorce action per se. However, if spousal support, property division, or coparenting arrange-
ments are subsequently disputed in court, the issue of fault may bear on the judge’s ruling.

Separate Maintenance (“Legal Separation”)

Similar in procedure to divorce, a judgment of separate maintenance culminates in orders for the division of property, support, and parenting of any children. Also like divorce, the parties to a separate maintenance action may reach settlement terms via litigation or mediation. The most common reasons to file for separate maintenance are:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a divorce may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.

Whereas both spouses must agree in order to obtain a judgment of separate maintenance, either spouse can later petition the court to amend the judgment to one of divorce without needing the other spouse’s consent.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. A marriage can be either void (that is, invalid from the outset) or voidable, depending on the circumstances. It may be void because of a spouse&s incapacity to marry — for example, due to insanity, existence of a previous marriage, or a spouse’s being under age at the time of marriage. The marriage may be voidable because of fraud or duress among other reasons. Parties who seek an annulment must not cohabit after having discovered grounds for the annulment.

[Divorce laws of Michigan]

Grounds for Divorce

Rule 1920 of the Pennsylvania Code offers spouses both no-fault and fault options for divorce. One no-fault option — suitable when both spouses consent to the divorce — is a mutual assertion, made at least ninety days from the date of filing, that the marriage is now irretrievably broken. A second no-fault ground is the same assertion by either spouse with an affidavit alleging that the spouses have lived separate and apart for a period of at least two years.

Though nowadays less frequently invoked, fault grounds allow the court to grant a divorce to a spouse whenever it is judged that the other spouse has:

Committed willful and malicious desertion … without a reasonable cause, for the period of one or more years.
Committed adultery.
By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.
Knowingly entered into a bigamous marriage while a former marriage is still subsisting.
Been sentenced to imprisonment for a term of two or more years.
Offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.

In addition, though also uncommon, a divorce may be granted on the ground of insanity or serious mental disorder. The mental condition must have resulted in the other spouse’s confinement in a mental institution for at least eighteen months before commencement of an action for divorce, with no reasonable prospect of discharge in the next eighteen months.

Legal Separation

Whereas, unlike most states, Pennsylvania does not provide a status of “legal separation,” spouses who separate can seek the protection of a legally binding Separation Agreement. The Separation Agreement typically addresses issues of property, spousal support, child support, and custody during the period of separation.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. A marriage may be invalid (void) from the outset — for example, when (i) either party was already married, (ii) the parties are close relatives (such as first cousins), or (iii) either party could not consent because of a mental illness.

An annulment may similarly be granted when a marriage is voidable — that is, not invalid from the outset but meritous of an annulment upon request. Grounds for annulment of a voidable marriage include (i) one of the spouses was less than sixteen years of age and lacked the consent of a parent or the court to marry, (ii) a spouse was under the influence of drugs or alcohol, (iii) a spouse was of weak or unsound mind, (iv) fraud, (v) duress, and (vi) inability to consummate the marriage due to impotence.

Various time limits may apply to the various grounds for annulment — for example, sixty days from the date of the ceremony in the case of a spouse who alleges to have been under the influence of drugs or alcohol.

[Divorce laws of Pennsylvania]

Parties in Ohio can legally end their marriage or separate in four ways: divorce, dissolution of marriage, legal separation, or annulment. In short, a divorce (and its simplified, no-fault alternative of dissolution of marriage) divides marital property and settles support and parenting arrangements for children. Legal separation similarly divides property and makes orders for support and parenting, but the parties remain married. An annulment declares a marriage void or voidable and restores the couple to their former statuses.

Dissolution of Marriage and Divorce

The Ohio Revised Code (Title 31 – Domestic Relations) §3105.01 offers spouses both no-fault and fault grounds for divorce. When a spouse pursues a no-fault divorce, the action is described technically as a dissolution of marriage rather than a divorce.

One no-fault option — suitable only if both spouses consent to the divorce — is a mutual assertion of incompatibility. Through such a dissolution process, the spouses can file a joint petition with an attached written agreement that settles all matters that might have otherwise been the subject of an adversarial contest i.e. division of property, custody and visitation of children, spousal support, and child support. Meanwhile, a second, no-fault ground for dissolution of marriage is the assertion of either spouse that the spouses have lived separate and apart without cohabitation for a period of at least one year.

Spouses considering mediation are more likely to file a petition for dissolution of marriage under one of the two no-fault grounds. However, the Ohio Revised Code also enumerates fault grounds under which either spouse can file a complaint for divorce. The court may grant the divorce for the following faults or causes:

Either party already had a spouse living at the time of the marriage from which the divorce is sought.
Willful absence of the adverse party for one year.
Adultery.
Extreme cruelty.
Fraudulent contract.
Any gross neglect of duty.
Habitual drunkenness.
Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint.
Procurement of a divorce outside the state of Ohio by either spouse by virtue of which the spouse who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other spouse.

Legal Separation

Similar in procedure to a dissolution of marriage or divorce, a legal separation culminates in orders for a division of property, spousal support and child support (if appropriate), and parenting of any children. The parties to a legal separation may reach settlement terms via litigation or mediation.

The most common reasons to file for legal separation are the following:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.
Speed. Either party to a divorce in Ohio must have resided in the state for six months prior to filing. Couples who don’t meet this requirement but who want a speedy divorce can begin an action for legal separation — which has no residency requirements — and later convert their legal separation into a divorce action.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. The marriage may be invalid because it is void from the outset — for example, because a former marriage was still in existence. The marriage may alternatively be voidable (in the opinion of the court) for other reasons of defect.

§3105.31 identifies the following grounds for annulment:

The party seeking an annulment was under the legal age for marriage as established by §3101.01 of the Revised Code, unless, after attaining such age, that party cohabited with the other as husband or wife.
The former husband or wife of either party was living and the marriage with such former husband or wife was then and still is in force.
Either party has been adjudicated to be mentally incompetent, unless such party, after being restored to competency, cohabited with the other as husband or wife.
The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife.
The consent to marriage of either party was obtained by force, unless the parties afterwards cohabited as husband or wife.
That the marriage between the parties was never consummated although otherwise valid.

Various time limits may apply to the various grounds for annulment — for example, within two years of the marriage ceremony for a spouse who alleges force; within two years of discovery of a fraud in the case of a spouse who petitions on that ground; and any time for a spouse who petitions on the ground of mental incompetence.

[Divorce laws of Ohio]

Parties in Massachusetts can legally end their marriage via a divorce or, in rare cases, annulment. In short, a divorce divides marital property and settles alimony (sometimes known as spousal support), child support, and parenting arrangements for children. An annulment establishes that an impediment to the marriage’s validity existed at the time of the marriage and restores the spouses to their former statuses. Unlike many states, Massachusetts’s statutes do not provide for legal separation.

Divorce

Chapter 208 of the General Massachusetts Divorce Laws allows both no-fault and fault actions for divorce. No-fault actions are for reason of an irretrievable break-
down of the marriage. The simplest divorce procedure exists when both spouses are in agreement of (or at least accepting of) the decision to divorce. They can then both file an affidavit to that effect as part of a joint petition for divorce together with a written separation agreement. The separation agreement describes the terms of the property division, alimony, child support, and child custody as appropriate. Both spouses must appear in court, and no waiting period is required.

No-fault divorce is also available when only one spouse is willing to file for the divorce. That spouse can file a divorce complaint — again on the ground of irretrievable breakdown — and request a hearing to allow the divorce six months after filing the complaint. No affidavit or separation agreement is required to proceed in this way (although the spouses may ultimately agree to settle terms through a separation agreement), and the other spouse can choose not to appear in court.

Divorce may alternatively be possible on one of the following fault grounds:

Adultery.
Impotency.
Desertion continued for one year next prior to the filing of the complaint.
Sentenced to imprisonment for life or at least five years.
Cruel and abusive treatment (for example, caused by a spouse’s drunkeness or addiction to drugs).
A spouse, being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other.

The course of a divorce action differs greatly depending on whether the parties settle issues of property division, alimony, child support, and parenting arrangements through litigation or mediation. Litigation is inherently adversarial. Indeed, divorce litigation is among the most painful and damaging experiences that a person will ever encounter. It’s also an extraordinarily expensive way to end a marriage, sometimes depleting the parties’ life savings in professional fees.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. The marriage may be invalid because it is void from the outset. Reasons for such include:

The parties are too closely related by blood (consanguinity) — for example, first cousins.
The parties are too closely related by marriage (affinity) — for example, a father-in-law and daughter-in-law.
Bigamy (unless the person seeking the annulment knew of the existence of the former marriage at the time of the subsequent marriage).

An annulment may also be sought when the marriage is not necessarily invalid from the outset but nevertheless voidable (i.e. invalidated because the court finds that it should not have existed). Grounds for finding a marriage to be voidable include:

Incapacity to consent to the marriage — for instance, where a spouse was under the influence at the time of the ceremony, or where a spouse was less than 18 years of age or lacked parental or judicial consent to the marriage.
Fraud — for instance, one spouse entered the marriage solely to achieve permanent residency (a so-called green card) and the marriage would not have taken place had the other spouse realized this motive.
Force or duress — for example, a domestic worker was told she would lose her home and job if she refused to marry her employer.

[Divorce laws of Massachusetts]

Parties in Georgia can legally end their marriage and/or separate in three ways: divorce, separate maintenance (informally known as legal separation), and annulment. In short, a divorce divides marital property and settles alimony (spousal support) and parenting arrangements (child support and custody) for any children. A judgment of separate maintenance results in similar orders but preserves the marital status. An annulment establishes that an impediment to the marriage’s validity existed at the time of the marriage and restores the spouses to their former statuses.

Divorce

Title 19, Chapter 5, Section 3 of the Official Georgia Annotated Code allows one no-fault and a dozen fault actions for divorce. The no-fault action is for reason of an irretrievable breakdown of the marriage. Either spouse may petition for divorce on this ground. When both spouses are in agreement of (or at least accepting of) the decision to divorce, they can then settle the terms of the divorce with a written Marital Settlement Agreement. The agreement describes the terms of the property division, alimony, child support, and child custody as appropriate.

Though much less commonly cited, no-fault divorce grounds are also available:

Intermarriage by persons within the prohibited degrees of consanguinity (i.e. close blood relatives) or affinity (closely related by marriage).
Mental incapacity at the time of the marriage.
Impotency at the time of the marriage.
Force, menace, duress, or fraud in obtaining the marriage.
Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband.
Adultery in either of the parties after marriage.
Willful and continued desertion by either of the parties for the term of one year.
Imprisonment in a penal institution for a term of two years or longer.
Habitual intoxication.
Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party.
Incurable mental illness.
Habitual addiction to any controlled substance (i.e. drug addiction).

Separate Maintenance

Very similar in procedure to divorce, a judgment of separate maintenance culminates in orders for the division of property, alimony, child support, and parenting of any children. Also like divorce, the parties to a separate maintenance action may reach settlement terms via litigation or mediation. The most common reasons to file for separate maintenance are:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a divorce may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to divorce or seek a reconciliation.
Speed. Either party must have resided in Georgia for six months prior to filing the Petition. Couples who don’t meet this requirement but who want a speedy divorce can begin an action for separate maintenance — which has no residency requirements — and later amend it to a divorce action when they fulfill the residency requirement.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. The marriage may be invalid because it is void from the outset. Alternatively, whereas the marriage may not necessarily be void from the outset, it may nevertheless be voidable (i.e. invalidated because the court finds that the marriage should not have existed).

The Georgia Code provides several grounds for annulment, but no annulment can be granted regardless of grounds in instances where children are born or are to be born as a result of the marriage. Otherwise, grounds include:

Spouse are close blood relatives or one spouse is a step-child of the other.
Mental incapacity to enter into a contract.
A spouse was under the age of sixteen on entering into marriage.
Force or duress.
Fraudulent inducement to enter into the marriage.
A prior marriage was still in existence at the time of the ceremony.

[Divorce laws of Georgia]

Chapter 50 §6 of the North Carolina General Statutes offer spouses a straight-
forward, no-fault path to divorce — technically, an absolute divorce. After six months of residency in the state, either spouse may file a complaint for divorce with the clerk of the Superior Court or District Court in the county in which the spouse resides. In addition, and before the court can issue a decree of divorce, a period of separation of at least one year without cohabitation must have occured. The spouse who seeks the divorce must testify to the separation in court in order to obtain the divorce. (Separation in North Carolina occurs on the date that a husband and wife move into separate residences with the intent to live apart from one another.)

Whereas the divorce decree establishes that the spouses are no longer married to one another (and are therefore free to marry other people), it does not establish orders for property division, alimony, child custody, and child support. Such issues must be determined (if applicable) either through legal contest (divorce litigation) or through a Separation Agreement between the spouses.

Divorce from Bed and Board

North Carolina’s ‘Divorce from Bed and Board’ statute suspends a marriage without dissolving the marriage. More particularly, it provides a fault-based procedure for spouses who, seeking physical separation en route to an absolute divorce, are unable to enter amicably into a Separation Agreement.

Divorce from Bed and Board can have significant implications on any ensuing actions for property division or alimony. For example, it establishes a date of separation, which in turn may affect the marital property rights of the spouses. It also establishes marital misconduct or fault, which may affect a subsequent alimony award and the at-fault spouse’s rights of intestate succession. And a Divorce from Bed and Board may order one spouse to vacate the family residence.

According to Chapter 5 §7 of the North Carolina General Statutes, the court may grant a Divorce from Bed and Board on the request of an injured spouse if it determines that the at-fault spouse:

Abandons his or her family.
Maliciously turns the other out of doors.
By cruel or barbarous treatment, endangers the life of the other.
Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
Commits adultery.

Legal Separation

Spouses are legally separated when they have addressed all claims to property and alimony (support) rights that either spouse might otherwise have been able to bring in light of their marriage without ending the bond of matrimony. In other words, the spouses’ financial lives become entirely separate, yet they remain married to one another.

The most common reasons to file for legal separation are the following:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.

Unlike many states, North Carolina doesn’ articulate detailed statutes for legal separation, and its courts cannot issue a decree of legal separation. Nevertheless, Chapter 52 §10.1 of the North Carolina General Statutes recognizes legal separation provided that the Separation Agreement is in writing and is acknowledged by both parties before a certifying officer.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. A marriage can be either void (that is, invalid from the outset) or voidable, depending on the circumstances. In North Carolina, a marriage is void if one party already had a living spouse at the time of the ceremony. The marriage may be alternatively voidable for the following reasons detailed in Chapter 51 §3 of the North Carolina General Statutes:

The marriage is between two people who are closer in relationship than first cousins.
The marriage is between double first cousins.
The marriage involves a person under 16 years of age. (But if the person is between the ages of 14 and 16, and the marriage has been entered into because of a pregnancy and was authorized by a court order, then the marriage is not automatically voidable.)
The marriage involves a person who is physically impotent, as diagnosed by a medical doctor.
The marriage involves persons who are not capable of entering into a contract as a result of want of will or understanding. This includes persons who do not possess an adequate understanding of the nature of a marriage contract and the responsibilities entailed.

The section concludes with one additional ground for a voidable marriage, namely, that “a marriage contracted under a representation and belief that the female partner is pregnant, followed by the separation of the parties within 45 days of the marriage which separation has been continuous for a period of one year, shall be voidable unless a child shall have been born to the parties within 10 months of the date of separation.”

[Divorce laws of North Carolina]

Divorce

Title 20 §91 of the Code of Virginia offers both no-fault and fault options for divorce (technically known as absolute divorce). A no-fault divorce is for reason of irrecon-
cilable differences.

If there are no minor children born of the spouses, born of either spouse and adopted by the other, or adopted by both spouses, and if both spouses have signed a Separation Agreement, either spouse can obtain a no-fault divorce after six months of separation. (The agreement describes property division, spousal maintenance (alimony), child support, and child custody as appropriate.) When the spouses have children or when no settlement agreement exists, a twelve-month period of separation is necessary before the divorce can be granted.

Though less common, a fault divorce may be alternatively possible with neither a separation agreement nor a period of separation. The following fault grounds are available:

Adultery involving persons of the same or opposite sex.
Subsequent to the marriage, felony imprisonment for more than one year.
Cruelty, causing a reasonable fear of bodily harm.
Willful desertion or abandonment for one year.

Divorce from Bed and Board

Similar in effect to legal separation offered in many states, Virginia’ so-called Divorce from Bed and Board suspends a marriage without ending it. More particularly, it provides a procedure for spouses who both seek an immediate, court-ordered separation, including orders for spousal maintenance, property division, and child custody if appropriate.

Divorce from Bed and Board requires no period of separation. Consequently, spouses may use this procedure as an interim measure, perhaps with an intention to convert to an absolute divorce upon later fulfilling an absolute divorce’s requirements for a six- or twelve-month period of separation (see above). Grounds for Divorce from Bed and Board are cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment. The abandonment may be for any duration — even for one day, at least theoretically.

Though rarely sought, actions for Divorce from Bed and Board may be of interest to spouses for reasons such as:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a divorce may remain payable to a legally separated spouse.
Time for reflection. While divorced in this limited sense, spouses can consider whether they want to an absolute divorce or seek a reconciliation.
Speed. Since, unlike absolute divorce, no period of separation is necessary, couples can initially obtain a Divorce from Bed and Board and later convert to an absolute divorce when eligible (although extra costs are incurred through the merger of two legal actions).

Annulment

In rare instances, a spouse can obtain an annulment, which is a civil judgment that the marriage has no legal standing. The marriage may be declared void ab initio — that is, void from inception, as if it never happened, for various reasons. For example, the marriage is between persons of the same sex, one of the parties to the marriage was still legally married to another person at the time of the ceremony, the marriage is between close relatives, or one of the parties was underage. (Spouses must be at least 18 years to marry, or at least 16 years with parental consent.)

An annulment may similarly be granted when a marriage is voidable — that is, not invalid from the outset but meritous of an annulment upon request. Grounds for annulment of a voidable marriage include duress, fraud, and mental or physical incompetence to enter into a marriage contract. Among these, fraud is the most commonly sought ground — for example, the fraud of the wife’s pregnancy by someone other than the husband without his knowledge, or the deceit of marrying solely to achieve permanent residency (a so-called green card).

[Divorce laws of Virginia]

Parties in Indiana can legally end their marriage and/or separate in three ways: dissolution of marriage (divorce), legal separation, and annulment. In short, a dissolution of marriage divides marital property and settles spousal maintenance (also known as alimony) and parenting arrangements (child support and custody) for any children. A judgment of legal separation results in similar orders but preserves the marital status such that the spouses remain married. An annulment declares a marriage void or voidable and restores the couple to their former statuses.

Grounds for Dissolution of Marriage

Indiana is a so-called no-fault state. This means either spouse can obtain a divorce by asserting an irretrievable breakdown of the marriage. Unlike many states, Indiana imposes no requirement for a period of separation before a spouse may file a petition for dissolution of marriage.

In this way, the issue of fault is not relevant to the divorce action per se. However, a judge can consider matters such as disspipation of marital assets or incurrence of marital debts by either spouse when deciding an equitable property division.

Furthermore, though much less frequently cited than the no-fault ground of “irretrievable breakdown”, Title 31, Article 15, Chapter 2 of the Indiana Code does provide a few fault grounds on which a spouse can alternatively petition to dissolve a marriage. In so doing, the petitioner must allege:

Conviction of either of the parties, subsequent to the marriage, of a felony.
Impotence existing at the time of the marriage.
Incurable insanity of either party for a period of at least two years.

Legal Separation

Similar in procedure to divorce, a judgment of legal separation culminates in orders for the division of property, support, and parenting of any children. Also like divorce, the parties to a legal separation action may reach settlement terms via litigation or mediation.

However, unlike many states that offer legal separation for an indefinite term, a decree of legal separation in Indiana expires one year from its issuance. In this way, orders for division of property and spousal maintenance are temporary, and much of the functionality of legal separation as conceived in other states is thereby limited in Indiana.

Relatively few couples petition for legal separation in Indiana in consequence. When they do, it is typically for one of the following reasons:

Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might terminate with a divorce may continue for the year in which the spouses are legally separated — a potentially valuable respite from otherwise lost coverage.
Time for reflection. While living separate and apart for a year, and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.

Whereas both spouses must agree in order to obtain a judgment of legal separation, either spouse can later petition the court to amend the judgment to one of dissolution of marriage without the other spouse’s consent.

Annulment

The marriage may be void because it is prohibited or because of a spouse’s in-
capacity to marry — for example, due to mental incompetency, the parties’ being more closely related than second cousins (in most cases), or either party having already had a wife or husband living at the time of ceremony. The marriage may be voidable for reasons of mental incompetency (again), fraud, or one party’s being under age at the time of the ceremony (i.e. eighteen, or sixteen with parental/guardian consent unless the party has a court order). Parties who seek an annulment must not cohabit after having discovered the grounds for annulment.

[Divorce laws of Indiana]

Parties in Tennessee can legally end their marriage or separate in three ways: divorce, legal separation, and annulment. In short, a divorce divides marital property and settles support and parenting arrangements for children. Legal separation similarly makes orders for support and parenting (and permanent or temporary assignment of property in some cases), but the parties remain married. An annulment declares a marriage void or voidable and restores the couple to their former statuses.

Divorce

Chapter 4 of Title 36 (Domestic Relations) of the Tennnessee Code offers spouses two no-fault and several fault grounds for divorce. One of the no-fault grounds is an assertion of irreconcilable differences. When filing on this ground, the spouses must enter into a signed and notarized Marital Dissolution Agreement settling all matters that might have otherwise been the subject of an adversarial contest i.e. division of property, custody and visitation of children, spousal support, and child support.

The other no-fault ground for divorce is available when the spouses have no children. They must also have lived in separate residences without cohabitation as husband and wife for a continuous period of at least two years.

Under these no-fault grounds, the issue of fault is not relevant to the divorce action per se. However, a judge can consider matters such as disspipation of marital assets or incurrence of marital debts by either spouse when deciding an equitable property division and when determining alimony.

The Tennessee Domestic Relations statutes also enumerate fault grounds under which either spouse can file a complaint for divorce. The court may grant the divorce for the following faults or causes:

Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation.
Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting.
Either party has committed adultery.
Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year.
Being convicted of any crime that, by the laws of the state, renders the party infamous.
Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary.
Either party has attempted the life of the other, by poison or any other means showing malice.
Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years.
The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband.
Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage.
The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct.
The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw.
The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide.

Legal Separation

Very similar in procedure to a divorce, a legal separation may be granted by the court upon petition by either spouse under fault or no-fault grounds, as described in Title 36, Chapter 4, §102 of the Tennessee Code. If the parties have not reconciled, either spouse can subsequently convert the legal separation into a divorce. Parties to a legal separation may reach settlement terms via litigation or mediation.

The most common reasons to file for legal separation are the following:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.

Annulment

In rare instances, a spouse can obtain an annulment i.e. a judgment that the marriage has no legal standing. The marriage may be invalid because it is void from the outset — for example, because a former marriage was still in existence, or because the parties are within prohibited degrees of kinship (aunt and nephew, father and step-daughter, etc.).

The marriage may alternatively be voidable (in the opinion of the court) for other reasons. For example, a spouse was under the age of consent at the time of the ceremony (i.e. eighteen, or sixteen with parental/guardian consent unless the party has a court order), the marriage induced by duress or fraud, or the other spouse was impotent.

[Divorce laws of Tennessee]

Parties in Missouri can legally end their marriage or separate via dissolution of marriage (commonly known as divorce), legal separation, and, in rare cases, annulment. In short, a dissolution of marriage divides marital property and settles spousal maintenance, child support, and parenting arrangements for children. Similar to dissolution, legal separation also divides property and makes orders for maintenance, child support, and parenting, but the parties remain married. An annulment establishes that an impediment to the marriage’s validity existed at the time of the marriage and restores the spouses to their former statuses.

Dissolution of Marriage

Missouri is a so-called no-fault state. This means spouses can generally obtain a divorce either by mutual consent or by assertion of either spouse that the marriage is broken with no reasonable likelihood that it can be preserved. (The other spouse can challenge this assertion, but preventing a determined spouse from obtaining a divorce is difficult, especially if the spouses have lived separate and apart for some time or if the spouse seeking the divorce can cite misconduct such as adultery, cruelty, or abandonment.)

In this way, the issue of fault is not generally relevant to the petition for dissolution of marriage per se. However, if spousal maintenance (also known as alimony or spousal support) or property division are subsequently disputed in court, fault or lack thereof may bear on the judge’s ruling in deciding those matters.

The course of a dissolution will differ greatly depending on whether the parties resolve the issues through litigation or mediation. Litigation is inherently advers-
arial. Indeed, divorce litigation is among the most painful and damaging experiences a person will ever encounter. It’s also an extraordinarily expensive way to end a marriage, sometimes depleting the parties’ life savings in legal fees.

Mediation is an altogether different approach to marital settlement. Instead of framing the effects of marriage — property, debts, and children — as the spoils of a contest, it reframes the divorce as a set of problems to be solved. For example, How should the property and debts be divided? How would you like to arrange the care of your children? How will you share in the cost of raising your children? On settling these issues, the parties can file a Marital Settlement Agreement, which, with a judge’s approval, detail the terms of their divorce.

Legal Separation

Legal separation is very similar in procedure to a dissolution of marriage. The two actions are established on the same grounds. Both dissolution and legal separation culminate in orders for division of property, maintenance, child support, and parenting arrangements. And spouses may reach settlement terms for dissolution or legal separation via either a contested litigation or via mediation. The most common reasons to file for legal separation are:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate and live apart without repudiating their marriage vows.
Financial expediency. Spousal benefits such as health insurance, retire-
ment, and Social Security — which might otherwise terminate with a dissolution of marriage — may remain payable to a legally separated spouse.
Time for reflection. While legally separated and presumably with less conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.

Annulment

Chapter 451 of the Missouri Revised Statutes details grounds for annulment. These include a marriage between close relatives (for example, first cousins), a marriage in which either party lacked the mental capacity to enter into a marital contract, or a marriage in which either of the parties had a husband or wife living at the time of the ceremony.

[Divorce laws of Missouri]

Grounds for Divorce

Title 7 of the Maryland Divorce Code (Family Law) offers spouses both no-fault and fault options for divorce (technically, absolute divorce). Two no-fault grounds are available, both based on separation. The first ground — mutual and voluntary separation for at least twelve months — is applicable when both spouses seek the divorce. To divorce on this ground, the spouses must have separated with mutual intent to end the marriage and then lived apart without sexual relations for twelve consecutive months. In addition, the spouses must agree that the marriage is irretrievably broken.

The other no-fault ground is involuntary separation for at least two years. To divorce on this ground, the spouses don’t have to agree to the separation nor they have to agree that the marriage is irretrievably broken. However, they must have lived separately without sexual relations for at least two years.

A spouse may alternatively bring an action for divorce on one of Maryland’s fault grounds (detailed in §–103). Fault actions are typically more contentious, but a spouse sometimes pursues such an action for reasons of principle or in the hope that a demonstration of fault will favorably impact his/her entitlement to marital property or alimony. In summary, the fault grounds are:

Adultery
Cruelty or domestic violence against the petitioner or a minor child of the complaining party.
Desertion for at least one year prior to filing.
Conviction of a felony or misdemeanor when the respondent was sen-
tenced to at least three years and has served at least one of those years.
Permanent and incurable insanity.

Having established grounds — either no-fault or fault — the course of the divorce will differ greatly depending on whether the parties settle issues of property division, alimony, child custody, and child support through litigation or mediation. Litigation is inherently adversarial. Indeed, divorce litigation is among the most painful and damaging experiences that a person will ever encounter. It’s also an extraordinarily expensive way to end a marriage, sometimes depleting the parties’ life savings in professional fees.

Limited Divorce

Maryland’s provision of limited divorce is somewhat similar to legal separation or divorce from bed and board available in many other states. Unlike absolute divorce, limited divorce does not end the marriage but does authorize a spouse to live separate and apart from the other party and to obtain orders for temporary child custody and certain financial issues.

Specifically, in a limited divorce the court can order spousal support (alimony), child support, child custody, health insurance coverage, and ownership of person-
al property such as automobiles. The court can also award use of the marital home, but not the ownership of real property (real estate).

A limited divorces can be revoked any time upon joint request to the court of both spouses. The spouses would then return to the state of being legally married. Alternatively, either spouse can convert a limited divorce into an absolute divorce, providing the conditions for divorce have since been met.

The grounds for limited divorce may be no-fault or fault-based. The only no-fault ground is voluntary separation such that the spouses are living separate and apart without cohabitation and with no reasonable hope of reconciliation.

The fault grounds for limited divorce are:

Cruelty or domestic violence against the petitioner or a minor child of the complaining party.
Excessively vicious conduct (for example, domestic violence) against the complaining party or to a minor child of the complaining party.
Desertion (either actual desertion whereby one spouse abandons the other or ejects him/her from the home, or constructive desertion whereby a spouse is forced to leave the home because of misconduct by the other).

Spouses may favor limited divorce over absolute divorce for various reasons:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate, thereby formally dividing their estates and living apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.

As with absolute divorce, spouses may pursue limited divorce through litigation or mediation. Alternatively, they may achieve the same orders as pertain to limited divorce by entering into a Temporary Agreement. This allows them to separate their personal and financial lives in a non-contentious manner outside court.

Declaration of Invalidity

In rare instances, a party can obtain an annulment i.e. a judgment that the marriage has no legal standing. The marriage may be invalid because it is void from the outset. Reasons for such include consanguinity (i.e. the parties are too closely related by blood — for example, a marriage between brother and sister) and affinity (i.e. the parties are too closely related by marriage — for example, a father-in-law and daughter-in-law).

An annulment may also be sought when a party is underage at the time of the ceremony. For instance, when a spouse is 16 or 17 years of age, he/she needs a parent’s or guardian’s consent to marry unless the bride to be is either pregnant or has already born a child. When a spouse is 15 years of age, a parent’s or guardian’s consent is necessary and the bride to be must be either pregnant or have already born a child.

[Divorce laws of Maryland]

Grounds for Divorce

Title 16, Chapter 9 of the District of Columbia Official Code offers spouses two no-fault paths to divorce after a period of separation. When both spouses are in agreement of (or at least accepting of) the decision to divorce, they can petition for divorce after having lived separate and apart without cohabitation for a period of six months prior to filing the petition.

Either spouse can also petition for divorce after a separation of at least or year without cohabitation and without the consent of the other. The spouses do not necessarily have to have lived in separate residences, but they must generally have pursued separate lives and desisted from sexual relations with one another during the period of separation.

In the interests of clarity, the couple in an uncontested divorce will usually enter into a Marital Settlement Agreement (MSA). The MSA describes terms of property division, alimony (sometimes known as spousal support), child support, and child custody as appropriate. It may then either be merged into the divorce judgment, or it may stand alone as an independently enforceable legal contract.

Legal Separation

Like divorce, legal separation (formally known as legal separation from bed and board) culminates in a division of property and orders for alimony, child support, and custody of any children. Also like divorce, the parties to a legal separation may reach settlement terms via litigation or mediation. Spouses may favor legal separation over divorcefor various reasons:

Religious and moral beliefs. Couples whose beliefs discourage divorce can legally separate, thereby formally dividing their estates and living apart while remaining married.
Financial expediency. Benefits such as participation in a spouse’s health insurance plan or entitlement to a spouse’s Social Security that might otherwise terminate with a dissolution of marriage may remain payable to a legally separated spouse.
Time for reflection. While living separate and apart and presumably free of conflict, spouses can consider whether they want to dissolve the marriage or seek a reconciliation.
Speed. By circumventing the requirement for a period of separation in no-fault dissolution of marriage cases, spouses may be able to more quickly obtain a legal separation, thereby advancing the date of termination of the marital estate. This may in turn have tax advantages, help shelter assets, or protect one spouse from debts of the other.

When both spouses consent to a legal separation, no grounds are necessary. If only one spouse seeks it, however, the spouses must have lived separately for at least one year. Either spouse can later convert a legal separation into a divorce, providing one of the grounds for divorce have since been met.

Annulment

In rare instances, a spouse can obtain annulment i.e. a judgment that the marriage is void and has no legal standing. The marriage may be invalid for reasons such as the existence of a former spouse still living, the insanity of either party at the time of the ceremony (providing the parties didn’t voluntarily cohabit after discovery of this fact), the exercise of fraud or coercion to procure the marriage, and a party’s being under the age of consent at the time of the ceremony (providing that this party didn’ voluntary cohabit after attaining the age of consent.

[Divorce laws of the District of Columbia]