A marriage is a legal contract between two parties that creates rights and responsibilities for each of those parties. A marriage contract can be breached for numerous reasons such as adultery, abuse, or a continuous one year separation. Once a breach of the marriage contract occurs, the aggrieved party may have grounds for a divorce.
Divorces may be contested or uncontested.
• A contested divorce is where the spouses cannot reach an agreement on their marital affairs or one of the spouses wants the divorce and the other does not, or there has not been a continuous one year separation. The contested divorce is typically handled by the courts where a presiding judge makes the decision concerning alimony, child support, and custody attorney fees.
• An uncontested divorce is where the spouses come to an agreement on equitable distribution of marital and divisible property, and the manner in which their marital affairs are to be allocated without the courts assistance. To know your rights and whether you have lawful grounds for a divorce contact an attorney practicing within your state as the laws vary from state to state.