Divorce Chapter 1 – English Version.
Divorce - Terms and Explanations 2
Uncontested divorce, which sometimes can be called divorce by agreement, or dissolution of marriage. It means that you and your spouse agree that you two want a divorce. Plus, you both agree on what you will do about the debts, the children, and the house.
It means that neither spouse has to prove that the other spouse did them wrong, such as committed adultery, was physically or mentally cruel, that the spouse is an alcoholic, or that the spouse is impotent, the spouse is sterile, or that the spouse is in prison. It means that you and your spouse do not want to be married any longer.
This means one of the following:
- Irreconcilable differences have caused an irretrievable breakdown of the marriage.
- Irreconcilable differences have caused an irremediable breakdown of the marriage.
- Incompatibility of temperament has caused an irremediable breakdown of the marriage.
For a regular divorce, you will have to prove one of the following.
- Spouse committed adultery
- Spouse was physically or mentally cruel
- Spouse is an alcoholic or drug addict
- Spouse is impotent
- Spouse is sterile
- Spouse is in prison
For many States, this does not matter because after 8 years of marriage, even if your spouse falls into one of these categories, you will still have to pay alimony.
If you want to file a divorce based because your spouse committed adultery, was physically or mentally cruel, is sterile, is an alcoholic or drug addict, or is in prison requires more work because it goes into the area of domestic violence.
If children are involved, may require a lot more work to file for divorce because supervised visitation, education, and health care might come into play.
This means you are doing it without a lawyer.
Petition or Complaint:
They both mean the same thing. It is the paperwork that starts it all.
If you are the one filing for divorce, you will be the Petitioner, and your spouse would be the Respondent.
If you are the one filing for divorce, you will be the plaintiff, and your spouse would be the defendant.
At your hearing, the Judge might ask if everything in this rift is true? The answer is yes. A rift is a divorce or disagreement.