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Divorce is the legal process of ending a marriage. It is allowed by states because it serves public policy. To make sure that a divorce is in the public's best interest, some states require a "cooling-off period" before a divorce is granted. This means that the spouses must wait a certain amount of time, usually 60 days, after separating before they can get a divorce. However, if there is a fault divorce, this waiting period may not be required.
There are two types of divorces: absolute divorce and limited divorce. An absolute divorce is when a court ends a legal marriage and both parties become single again. A limited divorce is when the court stops the right to live together, but the marriage is not officially ended. Some states allow for a conversion divorce, which turns a legal separation into a legal divorce after a certain amount of time has passed.
After a divorce, the court must divide any property owned by the spouses. Modern courts recognize two types of property: marital property and separate property. Marital property is anything that the spouses acquire during the marriage, while separate property is anything that one spouse owned before the marriage and did not change in value during the marriage. The court tries to divide the property fairly and justly, taking into account factors such as each spouse's contributions to the property, their liabilities, and their earning capacity.
Child custody and support are also often decided during a divorce. Both spouses usually have joint custody of any children, but the court may order one spouse to pay child support to the other. Alimony, or payments from one spouse to the other, may also be ordered by the court. There are three types of alimony: permanent, temporary, and rehabilitative. The court decides which type of alimony to award based on factors such as the length of the marriage, the spouses' ages and incomes, and their future financial prospects.
John and Jane have been married for 10 years, but they have decided to get a divorce. They live in a state that requires a 60-day cooling-off period before a divorce can be granted. During this time, they must live separately and cannot have any contact with each other. After the 60 days are up, they can file for divorce.
When the court divides their property, it takes into account that Jane has been a stay-at-home mom for the past five years and has not been earning an income. The court awards her a larger portion of the marital property to make up for this. The court also orders John to pay child support to Jane for their two children, who will live with her.
The court decides that Jane is capable of finding a job within a year, so it awards her rehabilitative alimony for that amount of time. This will help her get back on her feet and become financially independent.