LGBT Divorce and Separation Information

Updated/Revised Date: 20th Sep 2022
Author: Sexual Diversity | Contact: SexualDiversity.org
Additional References: LGBT Divorce and Separation Publications

Synopsis: Information regarding LGBT divorce, dissolution of same-sex marriage, legal and non-legal separation, and gay marriage annulment.

Definition

Divorce

Divorce is defined as the "dissolution of marriage." It is the termination of a marital union, the canceling and/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 and/or state. Divorce should not be confused with annulment, which declares the marriage null and void; with legal separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting).

Main Section

In the U.S., divorce rates have been rising since the beginning of the 20th century, especially since the 1970s, when no-fault divorce was instituted. Some experts contend that easing divorce laws has helped strengthen a marriage by rooting it more deeply in personal choice. However, it does little to give people the skills needed to work out the inevitable difficulties that arise in marriage.

Divorce laws vary considerably around the world, but in most countries, it requires the sanction of a court or other authority in a legal process. The legal process of divorce may also involve alimony (spousal support), child custody, child visitation/access, parenting time, child support, distribution of property, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another; where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.

In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The courts usually determine the terms of the divorce. However, they may take into account prenuptial agreements or postnuptial agreements or ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In the absence of agreement, a contested divorce may be stressful to the spouses.

Types of Divorce

• 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. Most jurisdictions around the world still require such proof of fault. No-fault divorce is available in all 50 states in the United States, as is the case with Australia, New Zealand, Canada, and other Western countries.
• No-fault Divorce - Some Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. 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."
• 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.
• Contested Divorce - This means that one of several issues must be heard by a trial judge; this is more expensive, and the parties will have to pay for a lawyer's time and preparation.
• Uncontested Divorce - When the two parties can agree (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 agree, they may ask the court to decide how to split property and deal with the custody of their children.
• Collaborative Divorce - A method for divorcing couples to agree on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with attorneys trained in the collaborative divorce process and mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.
• Mediated Divorce - 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.

The only countries that do not currently allow divorce are the Philippines and Vatican City, an ecclesiastical state with no procedure for divorce.

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Latest LGBT Divorce and Separation Publications
The above information is from our reference library of material relating to LGBT Divorce and Separation that includes:
	Need for Closure Can Magnify Emotional Effect of Ghosting From close to ghost: examining the relationship between the need for closure, intentions to ghost, and reactions to being ghosted. Publish Date: 15th Feb 2023
	Separation Leads to Gender Differences in Parent-Child Time Separation leads to significant but temporary gender differences in parent-child time, and parental break-up results in changes in children's daily activities. Publish Date: 17th Jan 2023
	People Initially Feel Less in Control After Breakups Research study analyzed changes in the sense of control after separation, divorce and death of a partner. Publish Date: 4th Aug 2022 - Updated: 5th Jan 2023
	Shielding Children From Effects of Divorce - Online Parenting Program Online New Beginnings Program draws on 30 years of research into factors that protect children from negative outcomes associated with parent divorce and separation. Publish Date: 15th Jul 2022 - Updated: 5th Jan 2023
	New Research Reveals Predictors for Infidelity and Divorce New research from Florida State University highlights ways to keep love and also identifies clear predictors for failed relationships. Publish Date: 12th Feb 2018