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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

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:


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

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

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 from Florida State University highlights ways to keep love and also identifies clear predictors for failed relationships.
Publish Date: 12th Feb 2018

Cohabitating couples are splitting up with the help of lawyers in a growing number of relationships.
Publish Date: 11th Feb 2016


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• (APA): SexualDiversity.org. (2022, September 20). LGBT Divorce and Separation Information. SexualDiversity.org. Retrieved January 30, 2023 from www.sexualdiversity.org/sexuality/love/divorce/


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