The Law Offices of David M. Brandwein, P.A.

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Divorce

 

A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy.

To ensure that a particular divorce serves public policy interests, some states require a "cooling-off period," which requires the spouses wait a prescribed time period after becoming legally separated before they can initiate divorce proceedings.

Many states have enacted no-fault divorce statutes. No fault divorce statutes do not require showing spousal misconduct and are a response to outdated divorce statutes that require proof of adultery or some other unsavory act in a court of law by the divorcing party.

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