DIVORCE

     
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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