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In many states, provided that you've resided in the state for a minimum amount of time (anywhere from six weeks (Nevada) to 18 months), you do not have to prove grounds to get divorced. All you have to plead is incompatibility or irreconcilable differences leading to the irremediable breakdown of the marriage, and a judge will grant you a divorce. This is quite a change from the days when private detectives hid in hotel room closets with cameras to prove adultery. Some states, however, still maintain a fault system. You have to prove one of several grounds to get divorced. Grounds usually include mental cruelty, abandonment, adultery, or imprisonment. When people living in fault states cannot prove grounds, they sometimes move to no-fault states to get their divorce. |
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You may qualify for a no-fault divorce, but that doesn't mean the real issuescustody, support, visitationare going to be easily resolved. If any of those areas presents a problem, you may still need a judge to help resolve the problems, even though the divorce itself is a given. |
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Regardless of whether you live in a fault or a no-fault state, the real measure of how quickly you'll get your divorce through the courts is how quickly you and your spouse agree on the issues that exist between you. If you have no assets or debt, if you have no children, and if you've only been married a short time, your divorce should be relatively quick and easy. We know several couples who lived together peacefully for years, got married, and were divorced two or three years later. Maybe it was being married, or maybe the relationship had run its course. Whatever the reason, for those individuals the divorce was merely a matter of filling out the right papers and submitting them to the |
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