Sexual Diversity Divorce and Separation Information

Divorce is defined as the "dissolution of marriage", and 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).

In the U.S., divorce rates have been rising since the beginning of the 20th century, and especially since the 1970s, when no-fault divorce was instituted. Some experts contend that the easing of divorce laws has helped make marriage stronger by rooting it more deeply in personal choice, although 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 issues of 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 terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply 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 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 the Vatican City, an ecclesiastical state, which has no procedure for divorce.


Latest Divorce/Separation Publications


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