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Simple English definitions for legal terms
ex parte divorce
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A quick definition of ex parte divorce:
An ex parte divorce is when one spouse gets a divorce without the other spouse being there or agreeing to it. This can happen if the spouse who wants the divorce lives in a different place than the other spouse. The spouse who wants the divorce has to follow certain rules about living in that place for a certain amount of time before they can file for the divorce. Even if the other spouse never lived in that place or knew about the divorce, it can still be legal.
A more thorough explanation:
An ex parte divorce is a type of divorce that is granted in a jurisdiction where only one of the spouses is legally domiciled. This means that the divorce is valid even if one spouse has never lived in the jurisdiction where the divorce was granted or is not subject to personal jurisdiction.
For example, if a couple got married in California but later moved to New York, and one spouse files for divorce in New York without the other spouse's knowledge or consent, it would be considered an ex parte divorce.
However, before filing for an ex parte divorce, the spouse must meet certain residency requirements. This means that they must have lived in the state or county where they plan to file for a certain amount of time.
Overall, an ex parte divorce is a legal way for one spouse to end a marriage without the other spouse's involvement or consent, as long as they meet the residency requirements.