Marriage And Separation Advice

Divorce describes the procedure that ends the legal bond formed between two people when they marry. This usually takes the form of a husband and wife ending their marriage, separating, and dividing their previously shared assets between them selves. Some divorce proceedings become legal disputes over money, property, and child custodial rights, however, most divorces are relatively tidy, with both parties eventually coming to agreement over the division of property and rights, which is then formally ratified by a court, ensuring that the terms of the divorce are legal. Where a couple cannot reach an agreement, the court will ultimately make those decisions for them, taking a wide range of factors in consideration when delivering a judgment.

In most Western countries, divorce was for a time socially shameful, and was strenuously discouraged or prevented by the Church and state, only being allowed if one party to the marriage broke certain marital obligations, like by committing adultery, neglect, or abuse. Such marriages are now referred to as an "at-fault divorce", and during most of the previous century, most divorces took this form. More recently, divorce has returned to its more usual state, by becoming legal, acceptable, and fairly common in most countries. Some statisticians have reported that fewer than one in twenty divorces are contested in a courtroom, with divorcing couples usually reaching a settlement either with lawyers, mediation, or privately. The restrictions on how easily a divorce can be obtained have been significantly lifted with the prevalence of the "no fault" divorce.

A no-fault divorce is a declaration by each spouse that their petition to the court for a divorce has been mutually agreed on by both parties. It attempts to hold neither party responsible for the ultimate dissolution of the marriage, and usually, couples reach a settlement over the division of rights and property - either by agreement between each other, or through a mediator - thus avoiding litigation. In most countries, all divorces require that a reason be given for the state to dissolve the marriage. With the inception of the no-fault divorce, acceptable reasons include incompatibility between spouses, the existence of irreconcilable differences, or even the most practical description of an "irremediable breakdown of the marriage". The division of property is not necessarily equal in a no-fault divorce, subject to the agreed terms of the divorce, or ruling of the court. The increasing prevalence of no-fault divorces is representative of the law reacting to society's needs and wishes in egalitarian nations, while moving away from religious ideals.

A Summary Divorce in the United States, with equivalents in some other countries, is the fastest and simplest form of divorce, granted to couples who had a short, inconsequential marriage, few shared assets between them, and an equally low value of private assets. It is also conditional on there being no child custodial issues, and no home or mortgage.

Commonly cited causes of divorce include adultery by either one or both spouses, strains caused by in-law family members, physical and emotional abuse by one spouse to other members of the family, and obsessive compulsions and addictions. It is a commonly held belief that women successfully negotiate the more favorable settlement or judgment more often than men in divorces, and this is actually supported by some surveys. There is no question that mothers are usually granted the greater portion of custodial time over children compared to fathers, however, the degree to which this happens has been gradually deceasing during the past decade.

The sharing of parental responsibilities and rights is one of the most contentious aspects of divorce in general, with much of the legal framework supporting divorce dedicated to this area, incorporating custody and visitation arrangements, child support payments, and the responsibilities of each parent. These arrangements are always checked and ratified by a court, even where both parents are in agreement. In the minority where they are not in agreement, expensive and prolonged litigation can occur. In such a legal battle, the court can take a wide number of factors into consideration when deciding how to divide child custody. The effects on a child during such a divorce might be troubling if it takes the form of each parent dragging each other's worst deeds before a court in order to demonize the other parent, or out of sheer spite.

Divorce can be a quick administrative matter with local authorities, or a heated, emotionally charged legal battle that is traumatic for all involved. And while divorce rates are the highest they've been for hundreds of years, their ubiquity is probably just a function of a freer, prosperous world, as for most marriages, the terms of divorce are becoming more manageable and acceptable to all involved.

Here are additional resources you might be interested in:

Divorce Information in the USA

Divorce Information in Australia

Divorce Information in the UK

Divorce Information in Canada

Information on Marriage and Separation Advice

Information on Children and Divorce

Information on Life After Divorce

Information on Divorce Glossary