Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union.[1] Divorce usually entails the canceling or reorganising 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. It can be said to be a legal dissolution of a marriage by a court or other competent body.[2] It is the legal process of ending a marriage.[3]
This article is about dissolution of marriage. For other uses, see Divorce (disambiguation).
Divorce laws vary considerably around the world,[1] 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,[4] child custody,[4] alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.
Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure 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). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash or infidelity.[5]
The only countries that do not allow divorce are the Philippines and the Vatican City. In the Philippines, divorce for non-Muslim Filipinos is not legal unless one spouse is an undocumented immigrant and satisfies certain conditions.[6] The Vatican City is a theocratic state ruled by the head of the Catholic Church, and does not allow for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 it was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987),[7] Paraguay (1991),[8] Colombia (1991; from 1976 was allowed only for non-Catholics),[8] Andorra (1995),[9] Ireland (1996), Chile (2004)[10] and Malta (2011).
Overview[edit]
Grounds for divorce vary widely from country to country. Marriage may be seen as a contract, a status, or a combination of these.[11] 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 for the other spouse. In contrast, in some countries (such as Sweden,[12] Finland,[13] Australia,[14] New Zealand),[15] 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, France and the Czech Republic.[16]
Though divorce laws vary between jurisdictions, 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.[17]
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.[18]
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)[19] to quite restrictive ones (e.g., in Poland, there must be an "irretrievable and complete disintegration of matrimonial life", but there are many restrictions to granting a divorce).[20][21] Separation constitutes a ground of divorce in some European countries (in Germany, 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).[22] 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[23] or the Czech Republic.[16]
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 in 2006 (1 or 2 years from the previous 2 or 5 years); France in 2005 (2 years from the previous 6 years),[24] Switzerland in 2005 (2 years from the previous 4 years),[25] Greece in 2008 (2 years from the previous 4 years).[26] Some countries have completely overhauled their divorce laws, such as Spain in 2005,[27] and Portugal in 2008. A new divorce law also came into force in September 2007 in Belgium, creating a new system that is primarily no-fault.[28] Bulgaria also modified its divorce regulations in 2009. Also in Italy, 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.[29] Austria by contrast is a European country where the divorce law still remains conservative.[30]
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".[31]
The magisterium of the Roman Catholic Church founds the concept of marriage on natural moral law, elaborated by St. Thomas Aquinas, supplemented by the revealed Divine law. The doctrine of the Doctor Angelicus has been partially shared by the Eastern Orthodox Church in the course of history.[32]
Social attitudes[edit]
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.[122]
Mauritania is unusual for having a long history of accepting and celebrating divorce.[123] Although exact statistics are not available, Mauritania is believed to have the highest divorce rate by far in the world, and it is not unusual for adults in Mauritania to marry and divorce five to ten times during their lifetimes.[123]
Research has shown that unhappily married couples suffer 3–25 times the risk of developing clinical depression.[124][125][126]
Patterns[edit]
Post-World War II[edit]
Divorce rates increase during times of hardship, war, and major events. Divorce rates increased after World War II because people were quick to marry each other before they went to war. When soldiers returned, they found out that they did not have much in common with their spouses, so they divorced.[187]