Divorce law

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or alimony, child custody, child support, and distribution of property.

In many developed countries, divorce rates increased markedly during the twentieth century. Among the states in which divorce has become commonplace are the United States, South Korea, and members of the European Union, with the exception of Malta (where all civil marriages are for life, because civil divorce is banned). In the USA, Canada, the United Kingdom, and some other developed Commonwealth countries, this divorce boom developed in the last half of the twentieth century. In addition, acceptance of the single-parent family has resulted in many women deciding to have children outside marriage, as there is little remaining social stigma attached to unwed mothers in some societies. Japan retains a markedly lower divorce rate, though it has increased in recent years. The subject of divorce as a social phenomenon is an important research topic in sociology. In fact, the statistics of a survey conducted by Citibank on divorce in the United States suggested that more than fifty percent of divorced couples cited money problems as the cause of their divorce

A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account Prenuptial agreement or Postnuptial agreement, or simply ratify terms that the spouses have agreed on privately. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful (and expensive) litigation. A less adversarial approach to divorce settlements has emerged in recent years, known as mediation, an attempt to negotiate mutually acceptable resolution to conflicts.


TYPES OF DIVORCE

There are several types of divorce: at-fault vs no-fault divorces, and summary divorce.


No Fault Divorce

No-fault divorce is the newest of the three types, and does not need a fault as a cause. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.


At-Fault Divorce

Fault divorces used to be the only way to break a marriage, and people who had differences only had the option to separate (and were prevented from legally remarrying).

However there are ways (defenses) to prevent a fault divorce:

• Condonation
• Connivance
• Provocation
• Collusion

A defense is expensive, and not usually practical as eventually most divorces are granted, especially when the public is not interested in forcing people to remain married.

Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states where there is a waiting period required for no-fault divorce.

Residency requirements vary from state to state, and a spouse may separate, move to a state with divorce laws of their choice, establish residency, and file. However, this typically does not change the state in which property and other issues are decided.


Summary Divorce

A summary (or simple) divorce is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.

Key factors:

• Short marriage (under 5 years)
• No children (or, in some states, they have resolved custody and set child support payments)
• Minimal or no real property (no mortgage)
• Marital property is under a threshold (around $35,000 not including vehicles)
• Each spouse's personal property is under a threshold (typically the same as marital property)

It is estimated that upwards of 95% of divorces in the US are uncontested, because the two parties are able to come to an agreement (either with or without lawyers/mediators) 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, deal with children, etc.


DIVORCE LAWS IN DIFFERENT COUTRIES

Different societies and legal jurisdictions have varying attitudes towards divorce.

See: Law and divorce around the world


DIVORCE LEGAL FORMS

Legal forms for all 50 states and the District of Columbia

Do It Yourself Divorce

Going through the process of divorce today is often needlessly difficult and costly.

Courts are taking steps to make the process more "user friendly" so that people without attorneys can deal directly with the court system. Many family law legal matters can be made simple and straightforward. For these matters, a well-prepared set of instructions and the right forms allow you to handle the situation on your own.

Do It Yourself Divorce Forms and Packages listed below make it easier...

These divorce packages contain instructions and State Specific Forms. View free previews and law summaries. Download in Word format.

Divorce - Forms and Packages

Divorce No Fault - No Children

Divorce - Minor Children

Divorce - Adult Children

Divorce No Fault - All Packages

Divorce Settlement Agreements

Divorce Worksheets