Divorce
   HOME

TheInfoList



OR:

Divorce (also known as dissolution of marriage) is the process of terminating a
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of
distribution of property Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree. Distributio ...
,
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
,
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
(spousal support), child visitation / access,
parenting time Parenting time is the amount of time each parent spends with their children when parents separate. Disagreements about how to measure it and how to divide it often cause controversy between the parents. United Kingdom For child maintenance purpo ...
,
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
, and division of debt. In most countries,
monogamy Monogamy ( ) is a form of dyadic relationship in which an individual has only one partner during their lifetime. Alternately, only one partner at any one time (serial monogamy) — as compared to the various forms of non-monogamy (e.g., polyga ...
is required by law, so divorce allows each former partner to marry another person. Divorce is different from
annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
, which declares the marriage null and void, with legal separation or ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' separation (a legal process by which a married couple may formalize a ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' separation while remaining legally married) or with ''de facto separation'' (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a
personality clash A personality clash occurs when two (or more) people find themselves in conflict not over a particular issue or incident, but due to a fundamental incompatibility in their personalities, their approaches to things, or their style of life. A person ...
or
infidelity Infidelity (synonyms include cheating, straying, adultery, being unfaithful, two-timing, or having an affair) is a violation of a couple's emotional and/or sexual exclusivity that commonly results in feelings of anger, sexual jealousy, and ri ...
. The only countries that do not allow divorce are the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
and the
Vatican City Vatican City (), officially the Vatican City State ( it, Stato della Città del Vaticano; la, Status Civitatis Vaticanae),—' * german: Vatikanstadt, cf. '—' (in Austria: ') * pl, Miasto Watykańskie, cf. '—' * pt, Cidade do Vati ...
. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an
undocumented immigrant Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwar ...
and satisfies certain conditions. The Vatican City is a state ruled by the head of the Catholic Church, a religion that does not allow for divorce. Countries that have relatively recently legalized divorce are
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
(1970),
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
(1975, although from 1910 to 1940 it was possible both for the civil and religious marriage),
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
(1977),
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
(1981),
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
(1987),
Paraguay Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
(1991),''Sex and the State: Abortion, Divorce, and the Family Under Latin. American Dictatorships and Democracies'', by Mala Htun, pp 102
Colombia Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
(1991; from 1976 was allowed only for non-Catholics),
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
(1995),
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
(1996),
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
(2004) and
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
(2011).


Overview

Grounds for divorce vary widely from country to country. Marriage may be seen as a
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
, a
status Status (Latin plural: ''statūs''), is a state, condition, or situation, and may refer to: * Status (law) ** City status ** Legal status, in law ** Political status, in international law ** Small entity status, in patent law ** Status confere ...
, or a combination of these. Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a
ground for divorce Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery ...
for the other spouse. In contrast, in some countries (such as Sweden, Finland, Australia, New Zealand), divorce is purely no fault. This means it does not matter what the reasons are that a party or parties want to separate. They can separate of their own free will without having to prove someone is at fault for the divorce. Many jurisdictions offer both the option of a ''no fault'' divorce as well as an ''at fault'' divorce. This is the case, for example, in many
states of the US In the United States, a state is a Federated state, constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
and the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
. Though divorce laws vary between
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
s, 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 behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some jurisdictions, one spouse may be forced to pay the attorney's fees of another spouse. 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. In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions. In some countries, particularly (but not only) in some former communist countries, divorce can be obtained only on one single general ground of "irretrievable breakdown of the marriage" (or a similar formulation). Yet, what constitutes such a "breakdown" of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g.
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
) to quite restrictive ones (e.g., in
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
, there must be an "irretrievable and complete disintegration of matrimonial life", but there are many restrictions to granting a divorce). Separation constitutes a ground of divorce in some European countries (in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents). Note that "separation" does not necessarily mean separate residences – in some jurisdictions, living in the same household but leading a separate life (e.g., eating, sleeping, socializing, etc. separately) is sufficient to constitute ''de facto'' separation; this is explicitly stated, e.g., in the family laws of Latvia or the Czech Republic. Divorce laws are not static; they often change reflecting evolving social norms of societies. In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g.,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
in 2006 (1 or 2 years from the previous 2 or 5 years);
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
in 2005 (2 years from the previous 6 years),
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
in 2005 (2 years from the previous 4 years),
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...
in 2008 (2 years from the previous 4 years). Some countries have completely overhauled their divorce laws, such as
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
in 2005, and Portugal in 2008. A new divorce law also came into force in September 2007 in
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, creating a new system that is primarily no-fault.
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
also modified its divorce regulations in 2009. Also in
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, new laws came into force in 2014 and 2015 with significant changes in Italian law in matter of divorce: apart from shortening of the period of obligatory separation (6 months for consensual separations and 1 year for contested ones from the previous 3 years), are allowed other forms of getting a divorce – as an alternative to court proceedings, i.e. the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office.
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
by contrast is a European country where the divorce law still remains conservative. The liberalization of divorce laws is not without opposition, particularly in the United States. Indeed, in the US, certain conservative and religious organizations are lobbying for laws which restrict divorce. In 2011, in the US, the Coalition for Divorce Reform was established, describing itself as an organization "dedicated to supporting efforts to reduce unnecessary divorce and promote healthy marriages". The
magisterium The magisterium of the Roman Catholic Church is the church's authority or office to give authentic interpretation of the Word of God, "whether in its written form or in the form of Tradition." According to the 1992 Catechism of the Catholic Chu ...
of the Roman Catholic Church founds the concept of marriage on natural moral law, elaborated by St.
Thomas Aquinas Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known wi ...
, supplemented by the revealed
Divine law Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typicall ...
. The doctrine of the Doctor Angelicus has been partially shared by the
Eastern Orthodox Church The Eastern Orthodox Church, also called the Orthodox Church, is the second-largest Christian church, with approximately 220 million baptized members. It operates as a communion of autocephalous churches, each governed by its bishops via ...
in the course of history.


Law


Types

In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse. Grounds for divorce differs from jurisdiction to jurisdiction in the worldwide. Some states have
no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...
; some states require a declaration of fault on the part of one partner or both; some states allow either method. In most jurisdictions, a divorce must be certified or ordered by a Judge in a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately, while in other areas, agreements related to the marriage have to be rendered in writing to be enforceable. In the absence of agreement, a contested divorce may be stressful to the spouses. In some countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.


Contested divorce

Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude. The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and has gained popularity.


At-fault divorce

Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible with the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. No-fault divorce is available in Australia, New Zealand, Canada, the United States and other Western countries. Fault-based divorces can be contested; evaluation of offences may involve allegations of
collusion Collusion is a deceitful agreement or secret cooperation between two or more parties to limit open competition by deceiving, misleading or defrauding others of their legal right. Collusion is not always considered illegal. It can be used to att ...
of the parties working together to get the divorce, or
condonation Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for c ...
by approving the offence,
connivance Connivance is the act of conniving or conspiring, especially with the knowledge of and active or passive consent to wrongdoing or a twist in truth, to make something appear as something that it is not. A legal finding of connivance may be made ...
by tricking someone into committing an offence, or
provocation Provocation, provoke or provoked may refer to: * Provocation (legal), a type of legal defense in court which claims the "victim" provoked the accused's actions * Agent provocateur, a (generally political) group that tries to goad a desired res ...
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. The grounds for a divorce which a party could raise and need to prove included 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.' The requirement of proving a ground was revised and withdrawn by the terms of 'no-fault' statutes, which became popular in many Western countries in the late 1960s and early 1970s. In 'no-fault' jurisdictions divorce can be obtained either on a simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of separation.


Summary divorce

A summary or simpledivorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements or can agree on key issues beforehand. Key factors: * Short duration of marriage (less than five years) * Absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount) * Absence or minimal value of real property at issue and any associated encumbrances such as mortgages * Absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles) * Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital


No-fault divorce

Most Western jurisdictions have a
no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...
system, which 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 irreparable 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. In jurisdictions adopting the 'no-fault' principle regarding whether to ''grant'' a divorce, some courts may still take into account the fault of the parties when determining some aspects of the ''content'' of the divorce decree, ''e.g.'', its terms for the division of property and debts and the absence, or amount, of spousal support. Provisions related to child custody are determined using a different fundamental standard: the child's or children's best interests; At the same time, some behaviors that may constitute marital fault ''e.g.'', violence, cruelty, endangerment, neglect, or substance abuse may also qualify as factors to be considered when determining child custody, they do so for the independent reason that they provide evidence as to what arrangement is in the child's or children's best interests in the future.


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 to come to an agreement prior to entering court. 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. Most U.S. states charge between $175 and $350 for a simple divorce filing.
Collaborative divorce Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively traine ...
and mediated divorce are considered uncontested divorces. In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, many state court systems are experiencing an increasing proportion of ''
pro se ''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, ...
'' (''i.e.'', litigants represent themselves without a lawyer) in divorce cases. 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. Urban courts in California report that approximately 80% of the new divorce filings are filed ''pro se''.


Collaborative divorce

Collaborative divorce Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively traine ...
is a method for divorcing couples to come to an 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 or divorce coaches. 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 the collaborative law process end prematurely. Most attorneys who practise collaborative divorce claim that it can be more cost-effective than other divorce methods, ''e.g.'', going to court.


Electronic divorce

Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, for example, allows two persons to file an
electronic Electronic may refer to: *Electronics, the science of how to control electric energy in semiconductor * ''Electronics'' (magazine), a defunct American trade journal *Electronic storage, the storage of data using an electronic device *Electronic co ...
request for no-fault
collaborative divorce Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively traine ...
in a non
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
administrative Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administ ...
entity An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually ...
. In specific cases, with no children, real property,
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
, or common address, can be completed within one hour.


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. Some mediation companies, such as Wevorce, also pair clients with counselors, financial planners and other professionals to work through common mediation sticking points. Divorce mediators may be attorneys who 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.


Polygamy and divorce

Polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...
is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygamy which leads to divorce. The frequency of divorce rises in polygamous marriages compared to monogamous relationships. Within polygamous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygamy affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.


Causes

An annual study in the UK by management consultants
Grant Thornton Grant Thornton is the world's seventh-largest by revenue and sixth-largest by number of employees professional services network of independent accounting and consulting member firms which provide assurance, tax and advisory services to private ...
, estimates the main proximal causes of divorce based on surveys of matrimonial lawyers. The main causes in 2004 were: *
Adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
;
Extramarital sex Extramarital sex occurs when a married person engages in sexual activity with someone other than their spouse. The term may be applied to the situation of a single person having sex with a married person. Where extramarital sexual relations do n ...
;
Infidelity Infidelity (synonyms include cheating, straying, adultery, being unfaithful, two-timing, or having an affair) is a violation of a couple's emotional and/or sexual exclusivity that commonly results in feelings of anger, sexual jealousy, and ri ...
– 27% * Domestic violence – 17% *
Midlife crisis A midlife crisis is a transition of identity and self-confidence that can occur in middle-aged individuals, typically 40 to 60 years old. The phenomenon is described as a psychological crisis brought about by events that highlight a person's grow ...
– 13% *
Addiction Addiction is a neuropsychological disorder characterized by a persistent and intense urge to engage in certain behaviors, one of which is the usage of a drug, despite substantial harm and other negative consequences. Repetitive drug use o ...
s, e.g.
alcoholism Alcoholism is, broadly, any drinking of alcohol that results in significant mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognized diagnostic entity. Predomi ...
and
gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
– 6% *
Workaholism A workaholic is a person who works compulsively. A workaholic experiences an inability to limit the amount of time they spend on work despite negative consequences such as damage to their relationships or health. There is no generally accepted ...
– 6% *Other factors – 31% According to this survey, husbands engaged in extramarital affairs in 75% of cases, and 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 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 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. Social scientists study the causes of divorce in terms of underlying factors that may motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner. Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists. The elevation of divorce rates among couples who cohabited before marriage is called the "cohabitation effect". Evidence suggests that although this correlation is partly due to two forms of selection (''a'') that persons whose moral or religious codes permit cohabitation are also more likely to consider divorce permitted by morality or religion and (''b'') that marriage based on low levels of commitment is more common among couples who cohabit than among couples who do not, such that the mean and median levels of commitment at the start of marriage are lower among cohabiting than among non-cohabiting couples), the cohabitation experience itself exerts at least some independent effect on the subsequent marital union. In 2010, a study by
Jay Teachman A jay is a member of a number of species of medium-sized, usually colorful and noisy, passerine birds in the Crow family, Corvidae. The evolutionary relationships between the jays and the magpies are rather complex. For example, the Eurasian ...
published in ''
Journal of Marriage and Family The ''Journal of Marriage and Family'' is a peer-reviewed academic journal published by Wiley-Blackwell on behalf of the National Council on Family Relations. It was established in 1939 as ''Living'', renamed to ''Marriage and Family Living'' in ...
'' found that women who have cohabited or had premarital sex with men other than their husbands have an increased risk of divorce and that this effect is strongest for women who have cohabited with multiple men before marriage. To Teachman, the fact that the elevated risk of divorce is only experienced when the premarital partner(s) is someone other than the husband indicates that premarital sex and cohabitation are now a normal part of the courtship process in the United States. This study only considers data on women in the 1995 National Survey of Family Growth in the United States. Divorce is sometimes caused by one of the partners finding the other
unattractive Unattractiveness or ugliness is the degree to which a person's physical features are considered aesthetically unfavorable of an aesthetic kind. Terminology Ugliness is a property of a person or thing that is unpleasant to look upon and results ...
. Recent studies show that the cohabitation effect on divorce varies across different cultures and periods. Another article published in ''
Journal of Marriage and Family The ''Journal of Marriage and Family'' is a peer-reviewed academic journal published by Wiley-Blackwell on behalf of the National Council on Family Relations. It was established in 1939 as ''Living'', renamed to ''Marriage and Family Living'' in ...
'' found that when cohabitation was uncommon in pre-reform China, premarital cohabitation increased the likelihood of subsequent divorce, but this association disappeared when cohabitation became prevalent.


Effects

Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than non-divorced families.School of Family, Consumer, and Nutrition Sciences (Miller, 2003)


Divorce and relationships

Research done at
Northern Illinois University Northern Illinois University (NIU) is a public research university in DeKalb, Illinois. It was founded as Northern Illinois State Normal School on May 22, 1895, by Illinois Governor John P. Altgeld as part of an expansion of the state's system ...
on Family and Child Studies suggests that divorce of couples experiencing high conflict can positively affect families by reducing conflict in the home. There are, however, many instances when the parent-child relationship may suffer due to divorce. Financial support is many times lost when an adult goes through a divorce. The adult may be obligated to obtain additional work to maintain financial stability. This can lead to a negative relationship between the parent and child; the relationship may suffer due to a lack of attention towards the child and minimal parental supervision Studies have also shown that parental skills decrease after a divorce occurs; however, this effect is only a temporary change. "Many researchers have shown that a disequilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re-stabilization has occurred and parenting skills have improved." Some couples choose divorce even when one spouse's desire to remain married is greater than the other spouse's desire to obtain a divorce. In economics, this is known as the Zelder Paradox and is more familiar with marriages that have produced children and less common with childless couples. Research has also found that recent divorcees report significantly higher hostility levels after the divorce than before, and that this effect applies equally to both male and female divorcees. In an
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
study of parents' relocation after a divorce, researchers found that a move has a long-term effect on children. In the first study conducted amongst 2,000 college students on the effects of parental relocation relating to their children's well-being after divorce, researchers found major differences. In divorced families in which one parent moved, the students received less financial support from their parents compared with divorced families in which neither parent moved. These findings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. Although the data suggests negative outcomes for these students whose parents relocate after divorce, there is insufficient research that can alone prove the overall well-being of the child A newer study in the ''Journal of Family Psychology'' found that parents who move more than an hour away from their children after a divorce are much less well off than those parents who stayed in the same location


Effects on children


Psychological

Divorce is associated with diminished psychological well-being in children and adult offspring of divorced parents, including greater unhappiness, less satisfaction with life, weaker sense of personal control, anxiety, depression, and greater use of mental health services. A preponderance of evidence indicates that there is a causal effect between divorce and these outcomes. A study in
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
led by the Centre for Health Equity Studies (Chess) at Stockholm University/Karolinska Institutet, is published in the ''Journal of Epidemiology & Community Health'' found that children living with just one parent after divorce suffer from more problems such as headaches, stomach aches, feelings of tension and sadness than those whose parents share custody. Children of divorced parents are also more likely to experience conflict in their own marriages, and are more likely to experience divorce themselves. They are also more likely to be involved in short-term cohabiting relationships, which often dissolve before marriage. There are many studies that show proof of an intergenerational transmission of divorce, but this does not mean that having divorced parents will absolutely lead a child to divorce. There are two key factors that make this transmission of divorce more likely. First, inherited biological tendencies or genetic conditions may predispose a child to divorce as well as the "model of marriage" presented by the child's parents. According to Nicholas Wall, former
President of the Family Division The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
of the English High Court, "People think that post-separation parenting is easy – in fact, it is exceedingly difficult, and as a rule of thumb my experience is that the more intelligent the parent, the more intractable the dispute. There is nothing worse, for most children, than for their parents to denigrate each other. Parents simply do not realize the damage they do to their children by the battles they wage over them. Separating parents rarely behave reasonably, although they always believe that they are doing so, and that the other party is behaving unreasonably." Children involved in high-conflict divorce or custody cases can experience varying forms of psychological distress due to conflict between their parents. Legal professionals recognize that alienating behaviors are common in child custody cases, but are cautious about accepting the concept of
parental alienation Parental alienation is a theorized process through which a child becomes estranged from one parent as the result of the psychological manipulation of another parent. The child's estrangement may manifest itself as fear, disrespect or hostility tow ...
. Research shows that children can be affected 2–4 years before the separation or divorce even occurs. This can be due to parental conflict and anticipation of a divorce, and decreased parental contact. Many couples believe that by separating, or becoming legally divorced that they are helping their children, and in situations of extreme parental conflict or abuse it most likely will be beneficial. Exposure to marital conflict and instability, most often has negative consequences for children. Several mechanisms are likely to be responsible. First, observing overt conflict between parents is a direct stressor for children. Observational studies reveal that children react to inter-parental conflict with fear, anger, or the inhibition of normal behavior. Preschool children – who tend to be egocentric – may blame themselves for marital conflict, resulting in feelings of guilt and lowered self-esteem. Conflict between parents also tends to spill over and negatively affect the quality of parents' interactions with their children. Researchers found that the associations between marital conflict and children's externalizing and internalizing problems were largely mediated by parents' use of harsh punishment and parent–child conflict. Furthermore, modeling verbal or physical aggression, parents "teach" their children that disagreements are resolved through conflict rather than calm discussion. As a result, children may not learn the social skills (such as the ability to negotiate and reach compromises) that are necessary to form mutually rewarding relationships with peers. Girls and boys deal with divorce differently. For instance, girls who initially show signs of adapting well, later suffer from anxiety in romantic relationships with men. Studies also showed that girls who were separated from their fathers at a younger age tended to be angrier toward the situation as they aged. Anger and sadness were also observed as common feelings in adolescents who had experienced parental divorce.


Academic and socioeconomic

Frequently, children who have experienced a divorce have lower academic achievement than children from non-divorced families In a review of family and school factors related to adolescents' academic performance, it noted that a child from a divorced family is two times more likely to drop out of high school than a child from a non-divorced family. These children from divorced families may also be less likely to attend college, resulting in the discontinuation of their academic career. Many times academic problems are associated with those children from
single-parent A single parent is a person who has a child or children but does not have a spouse or live-in partner to assist in the upbringing or support of the child. Reasons for becoming a single parent include divorce, break-up, abandonment, becoming wi ...
families. Studies have shown that this issue may be directly related to the economical influence of divorce. A divorce may result in the parent and children moving to an area with a higher poverty rate and a poor education system all due to the financial struggles of a single parent. Children of divorced parents also achieve lower levels of socioeconomic status, income, and wealth accumulation than children of continuously married parents. These outcomes are associated with lower educational achievement. Young men or women between the ages of 7 and 16 who had experienced the divorce of their parents were more likely than youths who had not experienced the divorce of their parents to leave home because of friction, to cohabit before marriage, and to parent a child before marriage. Divorce often leads to worsened academic achievement in children ages 7–12, the most heightened negative effect being reading test scores. These negative effects tend to persist, and even escalate after the divorce or separation occurs. Children of divorced or separated parents exhibit increased behavioral problems and the marital conflict that accompanies parents' divorce places the child's social competence at risk.


Divorce of elderly couples

In the United States of America, since the mid-1990s, the divorce rate has increased to over 50% among
baby boomer Baby boomers, often shortened to boomers, are the Western demographic cohort following the Silent Generation and preceding Generation X. The generation is often defined as people born from 1946 to 1964, during the mid-20th century baby boom. ...
s. More and more seniors are staying single; an analysis of census data conducted at
Bowling Green State University Bowling Green State University (BGSU) is a public research university in Bowling Green, Ohio. The main academic and residential campus is south of Toledo, Ohio. The university has nationally recognized programs and research facilities in the ...
predicted that divorce numbers would continue to rise. Baby boomers who remain unmarried are five times more likely to live in poverty than those who are married. They are also three times as likely to receive food stamps, public assistance or disability payments. Sociologists believe that the rise in the number of older Americans who are not married is a result of factors such as longevity and economics. Women, especially, are becoming more and more financially independent which allows them to feel more secure with being alone, in addition to changing perceptions of being divorced or single. This has resulted in less pressure for baby boomers to marry or stay married.


Statistics


Asia


China

China currently holds one of the highest divorce rates in the Asia Pacific region. Compared to 2000, China's divorce rates have gone up substantially from a 0.96 crude divorce rate to 3.09 rate in 2020. While China's divorce rate has been increasing since 2000, the highest recorded crude divorce rate in the past 20 years was in 2019 with 3.36 divorces. However, since 2019, China's recorded divorce rate has gone down. China has no-fault divorce which was implemented through the New Marriage Law in 1950. This allows individuals to divorce without showing any evidence of wrongdoing. China is one of the only Asian countries which permits no-fault divorce. As of January 2021, China introduced a new policy called the "cooling-off rule".  China, seeing the rise in divorce rates increasing on a yearly basis, the ''Marriage and Family Edition of Civil Code of the People's Republic of China'' secured an article 1077 establishing a mandatory cooling-off period, which has two requirements. First, on the day in which authorities have received the divorce applications, both parties can withdraw the registration within 30 days, and additionally to that, after 30 days are up, couples are required to physically apply for divorce certificate, and if they do not show up, the initial divorce application will be automatically perceived as withdrawn. This novel policy has been extremely controversial, where couples are required to wait for at least 30-days before they can commence a divorce. The 30-day cooling off period is created with the aim of generating more social stability, which avoids couples from making rushed or in-the-heat-of-the-moment emotionally-charged decisions. Family stability has always been culturally rooted in China, influenced by Confucian beliefs where the harmony of family brings the success of everything. A divorce can only be granted when couples have gone through a one-month long delay in order to make a decision. Since the implementation of the cooling-off rule, China's Ministry of Civil Affairs discovered as sharp 72 percent drop in divorce rates since the last quarter. Given the 30-days of cooling-off time, many couples have changed their minds, supporting the argument that most divorce decisions are made irrationally and emotionally. Although there has been a positive effect to reduce divorce in the country, Chinese citizens are not responding well to the cooling-off policy, which concerns women in marriages experiencing domestic abuse. In fact, from ''China Digital Times'', a woman by the name of Kan Xiaofang died of domestic abuse because when she filed for divorce in 2021, she had to wait 30-days for the divorce to be finalized – she was "hacked to death" by her husband. The 30-day rule has angered Chinese feminists, who believes that the policy undermines the concept of freedom, and does not take into consideration of domestic violence, which runs common within Chinese households. The cooling-off policy is still relatively new today, only being less than 2-years old. Therefore, this policy is still one that needs to be examined more deeply to analyze the effect and consequences of delaying the divorce process.


India

India has one of the lowest divorce rates in the world with around 1% of marriages ending in divorces. That being said, a lot of individuals split without choosing to go through the process of divorce. In fact, a large number of marriages are not registered and thus, a dissolution in such partnership would not be shown in the divorce statistics. Additionally, divorce is still stigmatized and seen as taboo amongst many families in India. The
Hindu Marriage Act The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hind ...
is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). Divorce under various acts in India: The Parsi Marriage and Divorce Act, 1936 The dissolution of Muslim Marriage Act, 1939 The Parsi Marriage and Divorce Act, 1936 The Special Marriage Act, 1956 The Foreign Marriage Act, 1969 Dissolution of Muslim Marriages Act, 1939 The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869). Due to the existence of diverse religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs. Mutual consent divorce procedure is relatively easier and fast while contested divorce procedure takes longer and depends on the religions of the couples.


Indonesia

In 2020 there were around 291,000 divorces recorded in Indonesia. These numbers are lower than the previous year – reportedly due to the pandemic and a longer process of the dissolution process. Divorces are settled in religious courts, if they are Muslim, or through 'talaq' where a married man can pronounce divorce to his wife. There are six grounds of divorce, with an additional two for Moslem marriages, which include: # One of the spouse has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure; # One of the spouse has deserted the other spouse for two consecutive years – without consent and without legitimate reasons; # One of the spouse has been sentenced to imprisonment for five years or more; # One of the spouses has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse; # One of the spouse has developed a disability or disease, preventing from him or her from fulfilling the duties of husband or wife; # The spouses have irreconcilable differences as evidenced by frequent disagreements. # The husband has violated taklik talak (a promise that the husband expressly made and written onto the marriage certificate). # One party convert from Islam into another faith.


Japan

In Japan, divorces were on an upward trend from the 1960s until 2002 when they hit a peak of 290,000 divorces. While divorce rates have increased since the 1900s, they have also slightly declined since 2002. In fact, in 2020 there were approximately 193,300 divorces. This is a significant decrease from the prior year, 2019, which recorded 208,489 divorces. There are several types of divorces in Japan; Divorce by Agreement, Divorce by Conciliation, and Divorce by Judgement.  Divorce by Agreement (rikon), occurs when both parties mutually agree to separate and do not need to go to court. This is the most common type of divorce in Japan. Divorce by Conciliation (chotei rikon) is sought out when individuals are unable to agree on terms or separate. Thus, these cases go to court in hope to come to a mutual agreement for both parties. Lastly, Divorce by Judgement (saiban rikon) occurs when individuals are unable to reach an agreement in court during conciliation. Divorce by judgement is uncommon in Japan.


Singapore

Singapore has a crude divorce rate of 1.7 divorce per 1,000 residents. Singapore has seen a decrease in divorce rates compared to previous years. In fact, 2020 marks the lowest number of divorces recorded. In 2020, there were 6,700 divorces compared to 2015–2019, which recorded an average number of 7,536 marital dissolutions. Additionally, most divorces were initiated by women. Singapore requires you to be married for three years before filing for divorce. That being said, if one has suffered exceptional hardship, they are eligible to file for divorce before the three years. Additionally, to get a divorce, there must be proof of an "irretrievable breakdown" of one of the four factors which include adultery, unreasonable behaviour, desertion and separation.


South Korea

The crude divorce rate in South Korea in 2020 was 2.1. Compared to prior years, the number of divorces recorded depicts that there are less filed divorces each year. Both the number of marriages and divorces decreased from 2019 by 10.7% and 3.9% respectively. The highest proportion of divorces in 2020 was amongst those who have been married for 20 years or more followed by those who have been married for four years or less. Such findings may suggest that divorce has become more socially accepted in South Korea and the stigma behind separating has lessened.


Taiwan

Taiwan's divorce rate in 2020 stood at 2.19 divorces per 1,000 residents. This is the lowest recorded divorce rate in the past 10 years. Many divorces in Taiwan are not done in court if there is a mutual agreement. If one of the parties does not consent to the divorce, then the other spouse may file for divorce under a valid reason of bigamy, infidelity, ill treatment or desertion. Before 2020, adultery in Taiwan was considered a crime and punishable by law.


Europe

Divorce has increased across Europe in the past decade – the rate varies between European countries. One study estimated that legal reforms accounted for about 20% increase of the divorce rates in Europe between 1960 and 2002. In 2019, Luxembourg had the highest divorce rate per 100 marriages followed by Portugal, Finland, and Spain. Countries in Europe with some of the lowest number of divorces per 100 marriages are Ireland and Malta.


Serbia

On average, for every three new marriages in Serbia, one divorce occurs. In 2019, 35,570 marriages were concluded in Serbia, 10,899 marriages were divorced, and the number of divorces per 1,000 inhabitants was 1.6%.


United Kingdom

In 2015, the highest divorces rates in the UK were recorded all beside the sea, with Blackpool in the top position. The UK divorce rate is estimated at 42% and in 2019, around 107,599 divorces were reported. The highest number of divorce applications are reportedly made on Divorce Day, which is always the first Monday of the new year.


North America


United States

The crude divorce rate in 2022 in the United States is 2.3 divorces. This is significantly lower than prior years, such as those in 2001 where 4.1 divorces were recorded.  These recent findings suggest a downward trend of the number of people dissolving their marriage. However, divorce rates range from state to state. It's important to look back on why prior years had such a high divorce rate amongst Americans. The National Center for Health Statistics reports that wives, with children present, filed for divorce in approximately two-thirds of cases from 1975 to 1988 in the U.S. For example, 71.4% of the cases were filed by women in 1975 and 65% were filed by women in 1988. 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 without a hearing (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. In 2000, the divorce rate reached its peak at 40% but has since slowly declined. In 2001, marriages between people of different faiths were three times more likely to get divorced than those of the same faith. In fact, in a 1993 study, members of two mainline Protestant religions had a 20% chance of being divorced in 5 years; a 33% for a Catholic and Evangelical, and a 40% chance for a Jew and a Christian. Couples with different ethnicities and races also had distinctive divorce statistics. In 2008, a study by
Jenifer L. Bratter Jennifer or Jenifer may refer to: People *Jennifer (given name) * Jenifer (singer), French pop singer * Jennifer Warnes, American singer who formerly used the stage name Jennifer * Daniel of St. Thomas Jenifer * Daniel Jenifer Film and tele ...
and Rosalind B. King on the
Education Resources Information Center The Education Resources Information Center (ERIC) is an online digital library of education research and information. ERIC is sponsored by the Institute of Education Sciences of the United States Department of Education. Description The missio ...
, found that unions between White males and non-White females as well as between Hispanics and non-Hispanic individuals, have similar or lower risks of divorce than White marriages. Unions between a White male and Black female last longer than White-White pairings or White-Asian pairings. Conversely, a White female with a Black male and White female with an Asian male are more prone to divorce than White-White pairings. Additionally, as found in 2010, success in marriage has been associated with a higher education and older age. For example, 81% of college graduates who were over 26 years old, who wed in the 1980s, were still married 20 years later. Additionally, 65% of college graduates under 26, who married in the 1980s, were still married 20 years later. Furthermore, 49% of high school graduates under 26 years old, who married in the 1980s, were still married 20 years later. Conversely, 2.9% of adults aged 35–39 and without a college degree got divorced in the year 2009 – compared with 1.6% with a college education. Another study looking at population differences found that a 1% increase in the
unemployment rate Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is people above a specified age (usually 15) not being in paid employment or self-employment but currently available for work during the refere ...
correlated with a 1% decrease in the divorce rate. This was found to be presumably true for individuals who were financially challenged when trying to afford the legal proceedings. Nevertheless, another study from 1900 to 2008 found that there was a significant increase in the risk of divorce following a layoff and being unemployed.


Oceania


Australia

The crude divorce rate in Australia in 2020 was 1.9 divorces. This rate has remained somewhat consistent throughout the past few years and is the same as the previous year. However, as divorces are granted after 12 months of separation, splits during COVID may not be reflected in the current divorce rate. The divorce rate has decreased substantially over the past 20 years with 2.6 divorces recorded in 2000. In order to apply for divorce, one must be separated for at least 12 months.


New Zealand

New Zealand's divorce rate in 2020 was 7.6 divorces per 1,000 residents. This rate marks a decrease from previous years – such as those in 1983 with a crude divorce rate of 13.3. In fact, this rate has decreased significantly from the previous year, 2019, with a divorce rate of 8.4. Before filing for divorced, one must be separated for at least two years. After this time, one is eligible to submit an application. If it is a joint application, divorce will take effect after one month. If one applies as a sole application, then the other spouse has the opportunity to defend it within a certain time period. Additionally, if individuals appear in court together and the judge files the divorce order, then the divorce will effective immediately.


Africa


South Africa

According to Statistics South Africa, the number of divorces increased by 0.3% from 25,260 divorces granted in 2015 to 25,326 granted in 2016. About 44.4% of the 2016 divorces came from marriages that did not reach their tenth wedding anniversary. About 51.1% of divorces in 2016 were filed by women while men filed 34.2% divorce cases.


Social attitudes

Attitudes toward divorce vary substantially across the world. Divorce is considered socially unacceptable by most of the population in certain Sub-Saharan African countries such as Ghana, Uganda, Nigeria and Kenya, South Asian countries including India and Pakistan and South-East Asian countries such as the Philippines and Indonesia. The majority of the population considers divorce acceptable in Eastern Europe, East Asia, Latin America and the United States. In developed regions such as Western Europe and Japan, more than 80% of the population consider divorce socially acceptable. Divorce is also widely accepted in certain Muslim majority countries such as Jordan, Egypt and Lebanon, at least when men initiate it.


In same-sex married couples (United States)

All U.S. states permit
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
. For same-sex couples in the United States, divorce law is in its infancy.


Rights of spouses to custody of children

Upon dissolution of a same-sex marriage, legal questions remain as to the rights of spouses to custody of the biological children of their spouses. Unresolved legal questions abound in this area. Child custody policies include several guidelines that determine with whom the child lives following divorce, how time is divided in joint custody situations, and visitation rights. The most frequently applied custody guideline is the ''best interests of the child'' standard, which takes into account the parents' preferences, the child's preferences, the interactions between parents and children, children's adjustment, and all family members' mental and physical health.


Religion and divorce

In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a pop ...
and thus, civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state's definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation.
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
allows, yet generally advises against divorce, and it can be initiated by either the husband or the wife. Dharmic religions allow divorce under some circumstances.
Christian views on divorce Christian views on divorce find their basis both in biblical sources, as well as texts authored by the Church Fathers of the early Christian Church, who were unanimous in the teaching regarding the issue. According to the synoptic Gospels, Jesus ...
vary:
Catholic teaching Catholic theology is the understanding of Catholic doctrine or teachings, and results from the studies of theologians. It is based on canonical scripture, and sacred tradition, as interpreted authoritatively by the magisterium of the Catholic ...
allows only annulment, while most other denominations discourage it except in the event of adultery. For example, the
Allegheny Wesleyan Methodist Connection The Allegheny Wesleyan Methodist Connection (AWMC), originally the Wesleyan Methodist Church (Allegheny Conference), and also known as the Wesleyan Methodist Church (WMC), is a Methodist denomination within the conservative holiness movement prim ...
, in its 2014 Discipline, teaches: Jewish views of divorce differ, with
Reform Judaism Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its ethical aspects to its ceremonial ones, and belief in a continuous sear ...
considering civil divorces adequate;
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
and
Orthodox Judaism Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
, on the other hand, require that the husband grant his wife a divorce in the form of a ''
get Get or GET may refer to: * Get (animal), the offspring of an animal * Get (divorce document), in Jewish religious law * GET (HTTP), a type of HTTP request * "Get" (song), by the Groggers * Georgia Time, used in the Republic of Georgia * Get AS, a ...
''. The Millet System, where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post−Ottoman countries including Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority and Egypt. Several countries use sharia (Islamic law) to administrate marriages and divorces for Muslims. Thus,
Marriage in Israel Marriage in Israel can be performed only under the auspices of the religious community to which couples belong, and inter-faith marriages performed within the country are not legally recognized. Matrimonial law is based on the ''millet'' or conf ...
is administered separately by each religious community (Jews, Christians, Muslims, and Druze), and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either in
rabbinical court A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel. Today, it ...
or Israeli civil court.


Gender and divorce

According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States. This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales 2012 which reported that divorce petitions from women outnumber those from men by 2 to 1. Regarding divorce settlements, according to the 2004 Grant Thornton survey in the UK, women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50–50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become the norm. Some jurisdictions give unequal rights to men and women when filing for divorce. For couples to Conservative or Orthodox Jewish law (which by Israeli civil law includes all Jews in Israel), the husband must grant his wife a divorce through a document called a ''
get Get or GET may refer to: * Get (animal), the offspring of an animal * Get (divorce document), in Jewish religious law * GET (HTTP), a type of HTTP request * "Get" (song), by the Groggers * Georgia Time, used in the Republic of Georgia * Get AS, a ...
''. Granting the 'get' obligates him to pay the woman a significant sum of money(10,000-$20,000) as stated on the religious prenuptial contract, which can be in addition to whatever prior settlement he had reached as far as continuous child support and funds he had to pay by court order in the civil divorce. If the man refuses, (and agreeing on condition he will not have to pay the money is still called refusing), the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or a woman whose husband is missing without sufficient knowledge that he died, is called an agunah, is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered ''
mamzer In the Hebrew Bible and Jewish religious law, a ''mamzer'' ( he, ממזר, , "estranged person"; plural ''mamzerim'') is a person who is born as the result of certain forbidden relationships or incest (as it is defined by the Bible), or the de ...
im'' and cannot marry non-''mamzerim''.


History


Greco-Roman culture

The
ancient Athenians Athens is one of the oldest named cities in the world, having been continuously inhabited for perhaps 5,000 years. Situated in southern Europe, Athens became the leading city of Ancient Greece in the first millennium BC, and its cultural achieve ...
liberally allowed divorce, but the person requesting divorce had to submit the request to a
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
, and the magistrate could determine whether the reasons given were sufficient. Divorce was rare in early Roman culture but as their
empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...
grew in power and authority
Roman civil law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justin ...
embraced the maxim, "" ("marriages ought to be free"), and either husband or wife could renounce the marriage at will. The Christian emperors
Constantine Constantine most often refers to: * Constantine the Great, Roman emperor from 306 to 337, also known as Constantine I *Constantine, Algeria, a city in Algeria Constantine may also refer to: People * Constantine (name), a masculine given name ...
and
Theodosius Theodosius ( Latinized from the Greek "Θεοδόσιος", Theodosios, "given by god") is a given name. It may take the form Teodósio, Teodosie, Teodosije etc. Theodosia is a feminine version of the name. Emperors of ancient Rome and Byzantium ...
restricted the grounds for divorce to grave cause, but this was relaxed by
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...
in the 6th century.


Mali Empire

In
post-classical In world history, post-classical history refers to the period from about 500 AD to 1500, roughly corresponding to the European Middle Ages. The period is characterized by the expansion of civilizations geographically and development of trade ...
Mali Mali (; ), officially the Republic of Mali,, , ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, italics=no, ar, جمهورية مالي, Jumhūriyyāt Mālī is a landlocked country in West Africa. Mal ...
, laws relating to divorced women were documented in the
Timbuktu manuscripts Timbuktu Manuscripts (or Tombouctou Manuscripts) is a blanket term for the large number of historically significant manuscripts that have been preserved for centuries in private households in Timbuktu, a city in northern Mali. The collections in ...
.


Medieval Europe

After the fall of the Roman Empire, familial life was regulated more by ecclesiastical authority than civil authority. The Catholic and Orthodox Church had, among others, a differing view of divorce. The Orthodox Church recognized that there are rare occasions when it is better that couples do separate. For the Orthodox, to say that marriage is indissoluble means that it should not be broken, the violation of such a union, perceived as holy, being an offense resulting from either adultery or the prolonged absence of one of the partners. Thus, permitting remarriage is an act of compassion of the Church towards sinful man. Under the influence of the Catholic Church, the divorce rate had been greatly reduced by the 9th or 10th century, which considered marriage a sacrament instituted by
Jesus Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...
and indissoluble by mere human action. Although divorce, as known today, was generally prohibited in Catholic lands after the 10th century, separation of husband and wife and the
annulment Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
of marriage were well-known. What is today referred to as "
separate maintenance Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is gra ...
" (or " legal separation") was termed "divorce a mensa et thoro" ("divorce from bed-and-board"). The husband and wife physically separated and were forbidden to live or
cohabit Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increas ...
together, but their marital relationship did not fully terminate.
Civil courts - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
had no power over marriage or divorce. The grounds for annulment were determined by a Catholic church authority and applied in
ecclesiastical courts An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
. Annulment was for
canonical The adjective canonical is applied in many contexts to mean "according to the canon" the standard, rule or primary source that is accepted as authoritative for the body of knowledge or literature in that context. In mathematics, "canonical examp ...
causes of impediment existing at the time of the marriage. "For in cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio." The Catholic Church held that the sacrament of marriage produced one person from two, inseparable from each other: "By marriage, the husband and wife are one person in law: that is, the very being of legal existence of the woman is suspended during the marriage or at least incorporated and consolidated into that of the husband: under whose wing, protection and cover, she performs everything." Since husband and wife became one person upon marriage, recognition of that oneness could be rescinded only on the grounds that the unity never existed to begin with, ''i.e.'', that the proclamation of marriage was erroneous and void from the start.


Secularisation in Europe

After the
Reformation The Reformation (alternatively named the Protestant Reformation or the European Reformation) was a major movement within Western Christianity in 16th-century Europe that posed a religious and political challenge to the Catholic Church and in ...
, marriage came to be considered a
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
in the newly Protestant regions of Europe, and on that basis,
civil authorities Civil authority or civil government is the practical implementation of a state on behalf of its citizens, other than through military units (martial law), that enforces law and order and that is distinguished from religious authority (for exampl ...
gradually asserted their power to decree a "divortium a vinculo matrimonii", or "divorce from all the bonds of marriage". Since no
precedents A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
existed defining the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the
ecclesiastic {{Short pages monitor