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A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements or can agree on key issues beforehand. For example, in order to qualify for summary divorce in California, a couple must meet all of the following requirements:
Though divorce laws vary between jurisdiction, there are two basic approaches to divorce: fault-based and no-fault. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, alimony, and so on. A court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support. States vary in the admissibility of such evidence for those decisions.
Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party. Only three states (Mississippi, South Dakota and Tennessee) require mutual consent (in Tennessee it is needed only in certain circumstances) for a no-fault divorce to be granted. No-fault grounds for divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.
Fault divorces used to be the only way to break a marriage, and people who had differences, but did not qualify as “at fault”, only had the option to separate (and were prevented from legally remarrying).
However, there are ways (defenses) to prevent a fault divorce:
A defense is expensive, and not usually practical as eventually most divorces are granted.
Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.
Many states allow for couples to file for a summary divorce based upon a jointly filed divorce petition. A summary divorce means the spouses have discussed the terms required by state law to issue a divorce and they have reached an mutual agreement. Almost, every state allow for this type of “uncontested” divorce. An uncontested joint divorce petition will often save a divorcing couple both time and money