Legal Definitions - divisible divorce

A divisible divorce is a type of divorce where the marriage is dissolved, but issues related to the divorce, such as child custody, alimony, and visitation, are reserved for a later proceeding. This type of divorce is granted when the court has jurisdiction over the case but lacks personal jurisdiction over the defendant-spouse. The doctrine of divisible divorce was recognized by the Supreme Court in Estin v. Estin and Vanderbilt v. Vanderbilt.

For example, if a couple is getting divorced, but one spouse lives in a different state, the court may grant a divisible divorce to dissolve the marriage, but the issues related to child custody and alimony will be addressed in a later proceeding when the court has personal jurisdiction over the defendant-spouse.