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Divorce From Wikipedia, the free encyclopedia

Registered partnership Putative marriage

For other uses, see Divorce (disambiguation).

Dissolution of marriage

Annulment Divorce Legal separation (Alimony)

Issues affecting children Family law Paternity Legitimacy Adoption Entering into marriage Legal guardian Foster care Ward Emancipation of minors Prenuptial agreement Marriage Common-law marriage Same-sex marriage Parental responsibility Legal states similar to marriage Contact (including visitation) Parenting plan Residence in UK Custody Child support Cohabitation Civil union Domestic partnership Related areas Parenting Coordinator Grandparent visitation Child Protective Services (United States)

Where polygyny is legal, divorce allows the woman to marry another. Divorce laws vary considerably around the world. Divorce is not permitted in Spousal abuse Child abuse Child abduction Child marriage Adultery Bigamy Incest some countries, such as thePhilippines, though an annulment is permitted. Malta voted in favor of divorce legislation in areferendum held on the 28th May 2011.[1] From 1971 to 1996, four European countries legalised divorce: Spain, Italy, Portugal and the Republic of Ireland.[2] As of 28 May 2011, the Conflict of laws Philippines is the sole country in the world without divorce. "Divorcing one's parents" is a term sometimes used to refer to emancipation Marriage Nullity Divorce International child abduction of minors.

Differences vde [edit]Types of divorce Though divorce laws vary among jurisdictions, there are two basic Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process. The legal process for divorce may also involve issues of spousal support, child custody, child support,distribution of property and division of debt. In most Western countries, a divorce does not declare a marriage null and void, as in an annulment, but it does cancel the married status of the parties. Where monogamy is law, this allows each former partner to marry another. [edit]No-fault divorce 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] 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 behaviour of the parties when dividing property, debts, evaluating custody, and support.

Under a no-fault divorce system, divorce requires no allegation or proof of fault of either party. 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 destroyed 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. [edit]At-fault divorce Prior to the late 1960s, nearly all countries which permitted divorce also 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 now available in all 50 states and the District of Columbia--New York, the last state to still require fault-based divorce, passed a bill in 2010 permitting no-fault divorce.[citation needed] 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] [edit]Summary divorce A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand. Key factors:

Short marriage (less than 5 years) No children (or, in some states, when the spouses have resolved

custody and set child support payments for children of the marriage)

Minimal or no real property (no mortgage) Marital property is under a threshold (around $35,000 not including


Each spouse's personal property is under a threshold (typically the

same as marital property) [edit]Uncontested divorce It is estimated that upwards of 95% of divorces in the U.S. are "uncontested," because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) 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 and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.[citation needed] Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state.[4] Most US states charge between $175 and $350 for a simple divorce filing.[5][6][7] Collaborative divorce and mediated divorce are considered uncontested divorces. In the United States, many state court systems are experiencing an increasing proportion of pro se (i.e., litigants represent themselves without a lawyer) in divorce cases. [8] In San Diego, for example, the number of divorce filings involving at least one self-representing litigant rose from 46% in 1992 to 77% in 2000, and in Florida from 66% in 1999 to 73% in 2001.[8] Urban courts in California report that approximately 80% of the new divorce filings are filed pro se.[9] [edit]Collaborative divorce Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the

collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should thecollaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be more cost-effective than other divorce methods. e.g., going to court. Expense, they say, has to be looked at under the headings of financial and emotional. Also, the experience of working collaboratively tends to improve communication between the parties, particularly when collaborative coaches are involved and the possibility of going back to court post-separation or divorce is minimised. In the course of the collaboration, should the parties not reach any agreements, any documents or information exchanged during the collaborative process cannot be used in court except by agreement between the parties. Neither can any of the professional team retained in the course of the collaboration be brought to court. Essentially, they have the same protections as in mediation. There are two exceptions: 1) Any affidavit sworn in the course of the collaboration and vouching documentation attaching to same and 2) any interim agreement made and signed off in the course of the collaboration or correspondence relating thereto. The parties are in control of the time they are prepared to give their collaboration. Some people need a

lot of time to complete and others will reach solutions in a few meetings. Collaborative practitioners offer a tightly orchestrated model with meetings scheduled in advance every two weeks and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.[citation needed] [edit]Electronic divorce Electronic divorce is a means that allows two persons married under certain jurisdictions, such as Portugal, to file an electronic request for a no-fault, collaborative divorce in a non-judiciary administrative entity. Specific cases, with no children, real property, alimony, or common address, can be decreed as summary within one hour.[10][11][12][13][14][15]

have experience in divorce cases or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.[citation needed] Causes of divorce An annual study in the UK by management consultants Grant Thornton, estimates the main proximal causes of divorce based on surveys of matrimonial lawyers.[52] The main causes in 2004 were:

[edit]Mediated divorce Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party's attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Divorce mediators may be attorneys who According to this survey, husbands engaged in extramarital affairs in 75% of cases; wives in 25%. In cases of family strain, wives' families were the primary source of strain in 78%, compared to 22% of husbands' families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces

Adultery; Extramarital sex; Infidelity - 27% Domestic violence - 17% Midlife crisis - 13% Addictions, e.g. alcoholism and gambling - 6% Workaholism - 6%

it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce. The age at which a person gets married is also believed to influence the likelihood of divorce; delaying marriage may provide more opportunity or experience in choosing a compatible partner.[27] Annulment From Wikipedia, the free encyclopedia

divorced, however that divorce is not accepted by the Roman Catholic Church and if a person gets re-married, they are deemed to be in a perpetual state of sin. This means that a person in this state is barred from receiving Holy Communion and as this is the Mass, he/she in essence does not get Mass. They can attend at Mass, but not participate in Mass.

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usuallyretroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment[1]). In strict legal terminology, annulment refers only to making a voidablemarriage null; if the marriage is void ab initio, then it is automatically null, although a legaldeclaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process. Generally speaking, annulment, despite its retrospective nature, still results in any children born being considered legitimate in the United States and many other countries. In Ireland a person can get