What is divorce?

Divorce is a legal action that ends or "dissolves" a marriage. Here are the basic steps for getting a divorce:

• First, you must meet the residency requirements of the state
  
• Second, you must have a "ground" (a legally acceptable reason) to end your marriage.
  
• Third, you file divorce papers and have copies sent or served on to your spouse.
  
• Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called "contesting the divorce." If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you. If your spouse agrees with everything and signs the papers, this is called an "uncontested divorce." Or, if your spouse does not answer the divorce papers within a certain amount of time (and you can prove that he was properly served with the papers), you can get a divorce anyway.
  
• Fifth, if there is property that you need divided or if you need financial support from your spouse, then the divorce is usually a "contested divorce" and the judge would usually decide how the property will be divided up and if the abuser has to pay you spousal support (also known as alimony or maintenance). Often times, this is worked out between the parties either through negotiations in court or, possibly, in an out-of-court settlement that then becomes part of the divorce decree (order). Custody and child support may also be decided as part of your divorce if those issues were not already handled in family court.