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In order for a marriage to be void in the eyes of the law, it must be certified legally through the courts. Such a process allows for arrangements to be made regarding division of property, child custody and child support.
When neither party blames the other for the breakdown of the marriage, the divorce is termed no fault with reasons cited as irreconcilable differences or irretrievable breakdown. In such a divorce, accusations do not make up the basis for the divorce. With both husband and wife willing to dissolve the marriage, negotiating the settlement becomes less burdensome on both parties. No-fault divorces are a more common form of divorce and may be established after separation of both parties for a period of six months or longer.
If grounds for divorce are established on some form of misconduct, the divorce is termed fault-based. Divorces based on fault currently are allowed in 32 states with the following grounds generally cited:
Most divorce cases are uncontested, with attorneys guiding clients through the process. In some cases, the court appoints mediators to work with both parties in reaching an agreement.
Last updated: Sept. 26, 2008
