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When a married couple decides to legally separate, the couple undergoes divorce proceedings. “Absolute” divorce occurs when a couple decides to permanently separate, leaving neither party with legal obligations to the other after the divorce decree is entered. In a “Limited” divorce, a couple separates, and the persons are no longer required to cohabitate. Grounds and Procedures Divorce law falls under the broader category of family law; as such, divorces are handled in state courts. The usual grounds for divorce include cruel and inhuman treatment, abandonment, imprisonment for more than three years and acts of adultery. The party filing for a divorce will need to prove the grounds claimed. In states allowing “no-fault” grounds for divorce, neither spouse is required to prove any grounds against the other; irreconcilable differences is the only consideration necessary. In some cases, the spouses mutually want to separate and even consider seeking a lawyer together. The law, however, prohibits lawyers from representing both spouses. Upon filing a divorce petition with the court clerk, a process server will deliver (serve) the court papers to the other party. Different means of serving papers for people who live in another state or whose whereabouts are unknown are available. The length of time between filing a petition and having a divorce decree granted is dependent on such factors as negotiations over assets and liabilities, as well as the waiting period required by the law. Continued... By Kathleen Goolsby