Divorce or dissolution of marriage is the ending of a marriage before the death
of either spouse.
It can be contrasted with an annulment, which is a declaration that a marriage
is void, though the effects of marriage may be recognized in such unions, such
as spousal support or Alimony, child custody, child support, and distribution of
property.
In many developed countries, divorce rates increased markedly during the
twentieth century. Among the states in which divorce has become commonplace are
the United States, South Korea, and members of the European Union, with the
exception of Malta (where all civil marriages are for life, because civil
divorce is banned). In the USA, Canada, the United Kingdom, and some other
developed Commonwealth countries, this divorce boom developed in the last half
of the twentieth century. In addition, acceptance of the single-parent family
has resulted in many women deciding to have children outside marriage, as there
is little remaining social stigma attached to unwed mothers in some societies.
Japan retains a markedly lower divorce rate, though it has increased in recent
years. The subject of divorce as a social phenomenon is an important research
topic in sociology.
A divorce must be certified by a court of law, as a legal action is needed to
dissolve the prior legal act of marriage. The terms of the divorce are also
determined by the court, though they may take into account prenuptial agreements
or postnuptial agreements, or simply ratify terms that the spouses have agreed
on privately. Often, however, the spouses disagree about the terms of the
divorce, which can lead to stressful (and expensive) litigation. A less
adversarial approach to divorce settlements has emerged in recent years, known
as mediation, an attempt to negotiate mutually acceptable resolution to
conflicts.
Types of Divorce
There are several types of divorce: at-fault vs no-fault divorces, and summary
divorce.
No Fault Divorce
No-fault divorce is the newest of the two types, and does not need a fault as a
cause. Common reasons for no-fault divorce include: incompatibility,
irreconcilable differences, and irremediable breakdown of the marriage.
Often a no-fault divorce will require separation for a period of time, which in
the US can range from 180 days to 5 years, depending on the state.
Depending on the state, a contesting spouse can deny incompatibility and block a
no-fault divorce.
No-fault divorces may also depend upon a lack of issue (ie: children) in the
marriage.
15 US states only permit no-fault divorce.
At-Fault Divorce
Fault divorces used to be the only way to break a marriage, and people who had
differences only had to option to separate (and were prevented from legally
remarrying).
Attempted murder
Cruelty (inflicting unnecessary emotional or physical pain)
Impotency (non-disclosed prior to marriage)
Adultery (flagrant)
Infection with an STD
Desertion
Prison sentence of a substantial length
Insanity
Habitual drunkenness
Use of addictive drugs
However there are ways (defenses) to prevent a fault divorce:
Condonation
Connivance
Provocation
Collusion
However a defense is expensive, and not usually practical as eventually most
divorces are granted - as the public is not interested in forcing people to
remain married.
Comparative rectitude is a doctrine used to determine which spouse is more at
fault when both spouses are guilty of breaches.
Fault divorce can affect the distribution of property, and will allow an
immediate divorce, in states were there is a waiting period required for
no-fault divorce.
Residency requirements vary from state to state, and a spouse may separate, move
to a state with divorce laws of their choice, establish residency, and file.
However, this typically does not change the state in which property and other
issues are decided.
Summary Divorce
A summary (or simple) divorce is used when spouses meet certain eligibity
requirements, or can agree on key issues beforehand.
Key factors:
Short marriage (under 5 years)
No children (or, in some states, they have resolved custody and set child
support payments)
Minimal or no real property (no mortgage)
Marital property is under a threshold (around $35,000 not including vehicles)
Each spouses personal property is under a threshold (typically the same as
marital property)
It is estimated that upwards of 95% of divorces in the US are uncontested,
because the two parties are able to come to an agreement (either with or without
lawyers/mediators) about the property, children and support issues. When the
parties can agree and present the court with a fair and equitable agreement,
approval of the divorce is almost guaranteed. If the two parties cannot come to
an agreement, they may ask the court to decide how to split property, deal with
children, etc.
Statistics
Research by British website http://www.insidedivorce.com which questioned over
2,000 people who are married, divorced, separated or living together found that
nearly one in five marriages (19%) – that’s half a million people – are on shaky
ground and could be heading for the divorce courts, according to research* by
the website. Key findings from the report, which takes an in-depth look at
modern love and the social, economic, sexual and psychological ups and downs
that make and break Britain’s relationships, include:
Sex, infidelity, falling out of love and abuse are the primary reason for
divorce in Britain.
One in five women cite a serious incident of abuse as the reason for
relationship breakdown.
One in three men are currently bored with their wife and marriage.
The average length of marriage before it hits the rocks is seven years, three
months.
The worst role models for divorce are Lady Heather Mills- McCartney and Sir Paul
McCartney while the best are Fergie (the Duchess of York) and Prince Andrew.
Nearly half (44%) of married people surveyed say that their sex lives have
decreased while a further one in ten married couples are having no sex at all.
These figures are particularly worrying for men, with “lack of sex” being cited
as the single biggest factor in relationship breakdown. Tellingly, 36 per cent
of men and 44 per cent of women said a partner’s affair was a key problem in
their marriage.
27% said that discovering their partner was having an affair was the defining
moment that signalled the end of their marriage. In terms of how they discovered
their partner’s infidelity: 54% discovered the affair themselves, 20% confessed,
and 4% were told by the ‘other woman/man’. 1% simply got a text or letter. 22%
said falling out of love was what lead to the breakdown of their relationship,
while 15.9% women and 6% of men said a serious incident of abuse is what pushed
them over the edge. 40% of women claim physical and mental abuse was a problem
during their marriage and 24.5% say that they have encountered drug and alcohol
abuse in their relationship before its end.
Top ten reasons for relationship meltdown
My partner had an affair
Abuse (physical and/or mental)
Boredom
Lack of sex
Financial disagreements
Alcohol/drug abuse
Debt
My career took priority
Hobbies (e.g. football)
I had an affair
How kids cope The research found that:
80% of children of divorced parents consider themselves to be “quite happy” or
“very happy”.
60% say it is better for parents who argue to split up.
80% of children of divorced parents say their home life is the same or better
after divorce.
Just 28% of children of divorced parents want them to get back together.
The biggest benefit of a break-up for children is an end to arguments.
The greatest impact of divorce on children is a sense of helplessness and
pressure to take sides.
The worst drawback is continuing arguments between parents over the time they
spent with their children and the need to travel between two homes.
Few children – just 13% - object to their parents finding someone new after
divorce.
70% of children of divorced parents say a definite “yes” to wedding bells at
some point in their lives.
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