Divorce

Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling 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.

Where polygyny is legal, divorce allows the woman to marry another. Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted. From 1971 to 1996, four European countries legalised divorce: Spain, Italy, Portugal and the Republic of Ireland.

Type of divorce

Though divorce laws vary between jurisdiction, 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 behaviour of the parties when dividing property, debts, evaluating custody, and support.

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.

No-fault divorce

Under a no-fault divorce system, the dissolution of a marriage does not require an allegation or proof of fault of either party.

The application can be made by either party or by both parties jointly.

At-fault divorce

Prior to 1975, countries which permitted divorces 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.

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.

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)
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• No children (or, in some states, when the spouses have resolved custody and set child support payments for children of the marriage)
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• Minimal or no real property (no mortgage)
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• Marital property is under a threshold (around $35,000 not including vehicles)
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• Each spouse's personal property is under a threshold (typically the same as marital property)