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Divorce

Divorce is the legal process that ends a valid marriage and dissolves the legal ties between spouses.

What it actually is

In court, a divorce case is a civil action where one spouse (the petitioner) asks a judge to terminate the marriage, often resolving issues like property division, spousal support, and child custody. The court must have jurisdiction over the marriage and the parties, and the proceeding usually requires proof that the marriage has broken down irretrievably or that the spouses have lived apart for a certain period, depending on the jurisdiction.

Why it matters in your case

If you are involved in a divorce case, the outcome determines your legal status as single, your financial obligations to your former spouse, and your parental rights and responsibilities. You must follow court procedures, including filing required documents and attending hearings, or risk default judgments against you.

The common misunderstanding

Many people mistakenly believe that a legal separation or a simple agreement to live apart is the same as divorce. Only a court order granting a divorce actually ends the marriage and allows either spouse to remarry.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.