Divorce, quite simply, is the ending or dissolution of a marriage while both spouses are still alive. Where children are involved, the government will take every effort to ensure that disputes about parenting issues are resolved before the divorce is considered settled. Thus these days, every state requires the parents to file a parenting plan when they separate or divorce.
Divorce is different from an annulment. An annulment is a declaration that a marriage is void, although an annulment doesn’t necessarily preclude spousal support, alimony, child custody, child support, and property distribution.
Divorce Around The World
Divorce laws vary considerably from country to country. In some countries, such as Malta, it is banned entirely. In the Philippines, it is banned, but an annulment is permitted.
Divorce and the Courts
In some jurisdictions, a divorce has to be certified by a court, as a legal action is necessary to undo the prior legal act of marriage. In most such jurisdictions, the court also determines the terms of divorce. They may, however, take into account any t prenuptial agreements or postnuptial agreements. If the spouses reach an amicable settlement, they may merely ratify terms that the spouses have agreed to between them. It is fairly commonplace, however, for the spouses disagree on the terms of the divorce. This often leads to stressful, expensive litigation. Less adversarial approaches have come into being, like mediation and collaborative divorce. With these, the spouses negotiate mutually acceptable solutions with the aid of a neutral third party.
The Two Types of Divorce
There are two basic types of divorce: no-fault divorce and fault divorce.
- Fault divorce may affect the distribution of property, as well as child custody and spousal support. In states with a waiting period for no-fault divorce it may allow for an immediate divorce.
- No-fault divorce is a system wherein the dissolution of a marriage doesn’t require an allegation or proof of fault by either party to be shown. No fault divorce has been in effect in Australia since 1975. The only thing applicants need to show is separation for twelve months. The divorce application can be made by either party or by both parties.
Divorce in the US
Residency requirements vary from state to state. A couple may separate and one spouse may move to a state with divorce laws they deem favorable and then apply for divorce. This usually doesn’t affect which state’s courts will determine property and other issues, however.
