Q: May the provisions in a divorce decree be changed afterwards? A: Post-decree modification usually does not occur unless there is a provision in the separation agreement to do so; unless one of the parties commits fraud, wields undue influence or makes a misrepresentation; or to correct mutual mistakes. Child support may be modified based... Read More
Q: What is a legal separation? A: A separation occurs when a couple voluntarily lives apart. Depending on the state, either one or both parties must consent. A judicial separation is a decree by the court that the parties are living separately; this agreement may contain specifics on child custody, child support, spousal maintenance and... Read More
Q: What are the requirements for filing a petition for divorce? A: The requirements for filing a petition for divorce vary for each state. Each state has residency and domicile requirements. That means one of the parties must have been a resident or domiciliary of the state for a specified period of time prior to... Read More
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Q: What is a legal divorce? A: A divorce is the dissolution of a marriage. After divorce, both parties are free to remarry. During typical divorce proceedings, the couple’s assets and debts will be divided and the care and custody of any children will be determined. Each state has its own distinct divorce laws.
Q: What are “fault divorce” and “no-fault divorce”? A: In the past, divorce generally had only been granted on the basis of marital misconduct called “fault”: adultery, mental cruelty or another wrongful act. There were also defenses to these faults. In these divorces, the spouse at fault often received a smaller portion of the marital... Read More