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LSDefine
Simple English definitions for legal terms
divisible divorce
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A quick definition of divisible divorce:
Divorce is when a court ends a marriage. It means the husband and wife are no longer married. Sometimes, the court also decides things like who gets to take care of the children or who gets to keep the house. There are different types of divorce, like when one person doesn't want the divorce or when both people agree to it. In some places, you have to have a good reason for getting a divorce, but in other places, you don't need a reason at all.A more thorough explanation:
A divisible divorce is a type of divorce where the marriage is dissolved, but issues related to the divorce, such as child custody, alimony, and visitation, are reserved for a later proceeding. This type of divorce is granted when the court has jurisdiction over the case but lacks personal jurisdiction over the defendant-spouse. The doctrine of divisible divorce was recognized by the Supreme Court in Estin v. Estin and Vanderbilt v. Vanderbilt.
For example, if a couple is getting divorced, but one spouse lives in a different state, the court may grant a divisible divorce to dissolve the marriage, but the issues related to child custody and alimony will be addressed in a later proceeding when the court has personal jurisdiction over the defendant-spouse.