Divorce (or the dissolution of marriage)

Divorce (or the dissolution of marriage) is the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment which declares the marriage null and void. Divorce laws vary considerably around the world, but in most countries it requires the sanction of a court or other authority in a legal process. The legal process of divorce may also involve issues of alimony (spousal support), child custody, child support, distribution of property , and division of debt. In most countries monogamy is required by law, so divorce allows each former partner to marry another; where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.
Divorce can be a stressful experience affecting finances, living arrangements, household jobs, schedules and more. If the family includes children, they may be deeply affected. [1]
The only countries which do not allow divorce are the Philippines (though
Muslims have the right to divorce) and the Vatican City , an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently allowed divorce are Italy (1970),
Portugal (1975), Spain (1981), Ireland
(1996) and Malta (2011).
"Divorcing one's parents" is a term sometimes used to refer to emancipation of minors .
Western law
The subject of divorce as a social phenomenon is an important research topic in sociology . In many developed countries, divorce rates increased markedly during the twentieth century.
[2] Among the nations in which divorce has become commonplace are the United
States , [3] Canada, Australia , Germany ,
New Zealand , Scandinavia , and the
United Kingdom . [ citation needed ]
Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some states and regions one spouse may be forced to pay the attorney's fees of another spouse. [4]
Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located. [ citation needed]
Types of divorce
Despite this, in some countries (or states of the United States), the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code
Sections 720 and 1100 of the California
Family Code).
In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In absence of agreement, a contested divorce may be stressful to the spouses. Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called
'Alternative Dispute Resolution' and continues to gain popularity.
In some other countries, [ where? ] when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again.
At-fault divorce
Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible to the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is available in all 50 states, as well as in Australia, New Zealand,
Canada and other western countries.
Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties
(working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches. [ citation needed]
The grounds for a divorce which a party could raise and need to prove included
'desertion,' 'abandonment,' 'cruelty,' or
'adultery.' The requirement of proving a ground was revised (and withdrawn) by the terms of 'no-fault' statutes, which became popular in the United Kingdom,
Australia, the United States, Canada,
South Africa, and New Zealand in the late 1960s and early 1970s. In 'no-fault' jurisdictions, a simple, general allegation of 'irreconcilable differences,' or 'irretrievable break-down' with respect to the marriage relationship, sufficed to establish the end of the marriage. No-fault divorce
Some Western jurisdictions have a no- fault divorce system, which requires no allegation or proof of fault of either party. [5] The barest of assertions suffice.
For example, in countries that require
"irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been irreparable by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no".
The application can be made by either party or by both parties jointly.
In jurisdictions adopting the 'no-fault' principle in divorce proceedings, some courts may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support—facts that almost always have considerable weight in fault proceedings. [ citation needed ] In custody cases, courts might consider factors that may appear like 'fault' based issues but are really related to protection of the child or children. These may include but are not limited to one or both parent's substance abuse, history of violence, cruelty, instability, neglect or
endangerment.