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Simple English definitions for legal terms
bilateral divorce
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A quick definition of bilateral divorce:
A bilateral divorce is when both people who want to get divorced are present in court. This is different from an ex parte divorce, where only one person needs to be in court. Both people don't have to live in the same place as the court, but they do need to be there. It's easier to get a bilateral divorce because it's fairer for both people.
A more thorough explanation:
A bilateral divorce is a legal process where both parties involved are subject to the court's personal jurisdiction. This means that both parties must be present during the proceedings.
For example, if a couple gets married in California but later moves to New York, they can file for a bilateral divorce in New York as long as both parties are present in the state.
A bilateral divorce is different from an ex parte divorce, which only requires one party to be subject to the court's personal jurisdiction. For instance, if one party lives in New York and the other party lives in California, the party living in New York can file for an ex parte divorce in New York without the other party being present.
However, a bilateral divorce cannot be granted in a jurisdiction where the other party has never set foot in.
Due to the presence of both parties, a bilateral divorce is less likely to raise due process concerns, and therefore, a court is more likely to grant a bilateral divorce than an ex parte divorce.