divorce in the United States is the province of the state
governments, not the federal government. Divorce or "dissolution of
marriage" is a legal process in which a judge or other authority dissolves
the bonds of matrimony existing between two persons, thus restoring them to the
status of being single and permitting them to marry other individuals. The
legal process for divorce may also involve issues of spousal support, child
custody, child support, distribution of property and division of debt, though these
matters are usually only ancillary or consequential to the dissolution of the
marriage.
Divorce laws vary from state to state. Although all states
allow "no fault" divorce proceedings, in many states a court may
still take into account the behavior of the parties when dividing property,
debts, evaluating custody, and support. No-fault divorce on grounds such as
"irreconcilable differences", "irretrievable breakdown of the
marriage", "incompatibility" or a period of living apart is now
available in all states, though some states require a period of legal and/or
physical separation prior to a formal divorce decree. This legal requirement,
along with couples who live in a state of separation simply because neither has
sought or completed a divorce for other reasons, has led to the creation of a
separate, somewhat ambiguously-perceived category of relationships –
"separated".
Prior to the introduction of no fault divorce, a spouse had
to prove the 'fault' (e.g. adultery, desertion, cruelty etc.) of the other
spouse in order to obtain a divorce; although spouses and their lawyers were
usually able to negotiate "uncontested" divorces.[citation needed]
The no-fault divorce revolution began in 1969 in California; New York was the
latest state to allow non-consensual no-fault divorce, in 2010. Every state's
law provides for child support where children are involved, and sometimes for
alimony.
