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Divorce and Separation Law Questions

Divorce and separation law focus on dissolving a marriage.

The law grants two kinds of divorces. Limited divorce is really a separation, which terminates the right to live together, but does not actually end the marriage. An absolute divorce formally ends the marriage and parties become single again.

In some states, parties must remain separated for a specified time period before they can obtain an absolute divorce. Traditionally, parties needed to show that one of the spouses committed wrongdoing in order to get a divorce. Today no-fault divorces are common in many states, which allow marital parties to dissolve their marriages if they have irreconcilable differences or an irreparable relationship.

When obtaining a divorce, there are many issues that are involved in the dissolution of the marriage including: custody of children, protection from domestic abuse, child support, alimony payments, allocation of pensions and other marital property interests. Courts try to divide property in a fair and equitable manner by considering the circumstance of the parties and details about their marriage. Alimony or spousal payments may be ordered on a temporary or permanent basis based on the situation of the parties. Custody and visitation agreements consider the best interests of the children by examining details about the children and their lifestyle.