Divorce
Divorce, formally known as dissolution of marriage, is the legal process to terminate a marriage.
It starts by one party filing a Petition for Dissolution of Marriage and ends upon entry of a
Judgment for Dissolution of Marriage. The Judgment may be based upon an agreement of the parties
or the decision of the Court after a trial.
Throughout the course of a divorce action the Court may make temporary provisions for a variety
of matters including child custody, child support, visitation/parenting time, maintenance/alimony,
and the allocation of property and debts.
Trials in divorce actions are two part proceedings. First, a trial must be held on the issue of
grounds or the reason for divorce. The party initially filing for divorce is referred to as the
"Petitioner". The party not initially filing for divorce is referred to as the "Respondent".
The grounds allowed by statute are as follows:
- Irreconcilable Differences (otherwise known as “no fault”)
- The Respondent has been guilty of extreme and repeated physical cruelty toward the Petitioner
- The Respondent has been guilty of extreme and repeated mental cruelty toward the Petitioner
- The Respondent was at the time of such marriage, and continues to be naturally impotent
- The Respondent had a wife or husband living at the time of the marriage
- The Respondent had committed adultery subsequent to the marriage
- The Respondent has willfully deserted or absented himself or herself from the Petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation
- The Respondent has been guilty of habitual drunkenness for the space of 2 years
- The Respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years
- The Respondent has attempted the life of the other by poison or other means showing malice
- The Respondent has been convicted of a felony or other infamous crime
- The Respondent has infected the other with a sexually transmitted disease
Most actions for dissolution of marriage proceed on no fault grounds, otherwise known as irreconcilable
differences. This requires that the parties live separate and apart for a period in excess of two years.
However, such period may be reduced to six months provided that the parties stipulate and agree in writing.
Living separate and apart does not require separate households, it merely requires that the parties live
separate lifestyles. The grounds do not affect any of the remaining issues such as maintenance/alimony,
child custody, child support and the allocation of property and debts.
Once the Court determines that grounds for the divorce exist, it will enter an Order dissolving the marriage.
The Court will then proceed on all remaining issues including maintenance/alimony, child custody, child
support, and allocation of property and debts.