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Divorce is a court procedure that dissolves a marriage. When a divorce is finalized, each person is then free to remarry if they choose. All states require that the spouse filing for the divorce to be a resident of that state. Reading our Law Library article, "Divorce Chronology" can help you better understand the process.

There are Different Types of Divorces: "Fault" & "No Fault"

Each state has their own procedure for divorce. The majority of states adopt the "no fault" approach to divorce, while some retain a "fault" divorce system.

Getting a legal separation may the first step when seeking a divorce. If spousal abuse, domestic violence or threatening behavior is an issue, a restraining order may be necessary. Spousal support or alimony are also issues that may be best resolved in your favor when handled by an attorney; who may also be necessary if there is a need for an enforcement decree. Any pre-nuptial agreement you may have entered into could also have a bearing on your divorce settlement.

If there are children there may be child support, child custody or child visitation issues to worked out as well. Mediation is another possible solution for resolving marital issues that is used by many couples.

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