Legal Grounds for a Separation or a Divorce
If you are the petitioner in a legal action for divorce or legal separation you will be required to allege and prove the grounds for the divorce or legal separation.
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Divorce vs. Legal Separation
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Not all states recognize legal separations. In most states that allow legal separations, a legal separation can address all the same issues that a divorce does, such as custody of minor children, support and division of assets. The only real difference is that the parties are still legally married at the end of the proceeding and therefore cannot remarry.
Grounds
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In most cases, the grounds established by a state for petitioning for a divorce are the same for a legal separation. State law determines what grounds may be alleged for a divorce or legal separation.
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Common Grounds
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Many states have done away with the requirement that the petitioner prove wrongdoing or fault on the part of her spouse to obtain a divorce of legal separation by allowing the petitioner to file a "no fault" divorce. Although some states do allow no fault divorces, a great many of them continue to allow the petitioner to allege grounds that do indicate wrongdoing such as adultery, cruelty or addiction.
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