What Does "Granted a Divorce" Mean?

By Teo Spengler

Even in no-fault divorce states where dissolving a marriage is a matter of personal choice, a judge must supervise your divorce proceedings and sign off on your divorce agreement. A divorce is not granted until the court enters a final divorce decree.

Even in no-fault divorce states where dissolving a marriage is a matter of personal choice, a judge must supervise your divorce proceedings and sign off on your divorce agreement. A divorce is not granted until the court enters a final divorce decree.

Divorce Logistics

A divorce not only dissolves the legal relationship between two adults, it can also divide property, allocate debt and radically rearrange the lives of minor children. For this reason, states have an interest in supervising the process. Although a couple can live apart without court approval, they cannot be granted a divorce unless they request a court to dissolve their marriage.

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Steps in Divorce

A divorce begins and ends with paper. One spouse begins a divorce by filing a petition asking the court to end the marriage and serving these papers on the other spouse. If the spouses come to a fair and equitable agreement about about property, support and child custody issues, the court will approve the settlement agreement. If a couple cannot agree or if the judge determines that the agreement is unfair, the court will make the decisions after a divorce trial. During this process, the divorce is said to be pending. When the court issues the final divorce judgment and order, the divorce is said to be granted.

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Common Law Divorce & Kansas Custody Rules

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Legal Separation Vs. Divorce in California

Most couples receive no real benefit from a legal separation rather than a divorce. It’s generally only suitable when your relationship has deteriorated to the point where you no longer want to be married but, for personal reasons, divorce is not an option. In California, however, there may be one other advantage. If time is of the essence, you can hasten the divorce process by filing for a legal separation first.

Who Gets Custody in a Common Law Marriage?

Most states do not recognize common-law marriages. Among those that do, the definition is relatively uniform: spouses present themselves to the public as a married couple and openly conduct their lives as husband and wife. This might include filing joint tax returns and owning property together. The major distinction between traditional and common-law marriages is that no marriage license was issued and no official marriage ceremony took place.

Amount of Time Before a Divorce Is Granted

Divorces are not created equal. To estimate the amount of time you'll spend in the dissolution stream, you need to consider many factors, including the jurisdiction in which you will file for divorce. State laws vary as to the substance and procedure for a divorce. You can speed or impede a rapid resolution, depending on the way that you and your spouse handle the suit.

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