Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and

responsibilities of marriage and dissolving the bonds of matrimony between the parties (unlike annulment which declares the marriage null and void). 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 for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt. Where monogamy is law, divorce allows each former partner to marry another; where polygyny is legal but polyandry is not, divorce allows the woman to marry another. Between 1971 and 1996, four European countries legalised divorce: Spain, Italy, Portugal and the Republic of Ireland.[1] Malta will introduce divorce on 1 October 2011. This would leave only two countries in the world -- the Philippines and the Vatican City -- whose laws do not allow for divorce. "Divorcing one's parents" is a term sometimes used to refer to emancipation of minors. In some Western jurisdictions, divorce (legally referred to as 'dissolution of marriage') does not require a party to assert fault on the part of their partner leading to the breakdown of their marriage. Prior to the onset of 'no-fault' statutes, a party would have to prove a ground, typically 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.' The requirement of proving a ground was revised (and withdrawn) by the terms of 'no-fault' statutes, which became popular in the United Kingdom, Australia, the United States, Canada, South Africa, and New Zealand in the late 1960s and early 1970s. In 'no-fault' jurisdictions, a simple, general allegation of 'irreconcilable differences,' or 'irretrievable break-down' with respect to the marriage relationship, sufficed to establish the end of the marriage. In jurisdictions adopting the 'no-fault' principle in divorce proceedings, some courts may still take into account the behavior of the parties when dividing property, debts, evaluating custody and support - facts which almost always have considerable weight in fault proceedings.[citation needed] . This is particularly true in custody cases, where the courts might consider many factors which mirror 'fault' grounds, such as drug abuse, alcoholism, violence, cruelty, instability, neglect and possibly the preference of an intelligent, mature child. Despite this, in some countries (or states of the United States), the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (See for example, Family Code Sections 720 and 1100 of the California Family Code). 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. Contested divorces mean that one of several issues are required to be heard by a judge at trial level - this is more expensive and the parties will have to pay for a lawyer's time and preparation. Less adversarial approaches to

divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and continues to gain popularity. In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again. The subject of divorce as a social phenomenon is an important research topic in sociology. In many developed countries, divorce rates increased markedly during the twentieth century. Among the nations in which divorce has become commonplace are the United States, the United Kingdom, Canada, Germany, Australia and Scandinavia. The only Western country where divorce is not legal is the British Crown Dependency of Sark.[2]

[edit] Differences [edit] Types of divorce

Though divorce laws vary among 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 behaviour of the parties when dividing property, debts, evaluating custody, and support. 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.[citation needed] [edit] No-fault divorce Under a no-fault divorce system, divorce requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been destroyed by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no". The application can be made by either party or by both parties jointly. [edit] At-fault divorce Prior to the late 1960s, nearly all countries which permitted divorce also required proof by one party that the other party had committed an act incompatible to the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is now available in all 50 states and the District of Columbia--New York, the last state to still require fault-based divorce, passed a bill in 2010 permitting no-fault divorce.[citation needed]

Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.[citation needed] [edit] Summary divorce A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand. Key factors:

Short marriage (less than 5 years) No children (or, in some states, when the spouses have resolved custody and set child support payments for children of the marriage) 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)

[edit] Uncontested divorce It is estimated that upwards of 95% of divorces in the U.S. are "uncontested," because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) 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 and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.[citation needed] Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state.[3] Most US states charge between $175 and $350 for a simple divorce filing.[4][5][6] Collaborative divorce and mediated divorce are considered uncontested divorces. In the United States, many state court systems are experiencing an increasing proportion of pro se (i.e., litigants represent themselves without a lawyer) in divorce cases.[7] In San Diego, for example, the number of divorce filings involving at least one self-representing litigant rose from 46% in 1992 to 77% in 2000, and in Florida from 66% in 1999 to 73% in 2001.[7] Urban courts in California report that approximately 80% of the new divorce filings are filed pro se.[8] [edit] Collaborative divorce Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of

attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support. Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be more cost-effective than other divorce methods. e.g., going to court. Expense, they say, has to be looked at under the headings of financial and emotional. Also, the experience of working collaboratively tends to improve communication between the parties, particularly when collaborative coaches are involved and the possibility of going back to court post-separation or divorce is minimised. In the course of the collaboration, should the parties not reach any agreements, any documents or information exchanged during the collaborative process cannot be used in court except by agreement between the parties. Neither can any of the professional team retained in the course of the collaboration be brought to court. Essentially, they have the same protections as in mediation. There are two exceptions: 1) Any affidavit sworn in the course of the collaboration and vouching documentation attaching to same and 2) any interim agreement made and signed off in the course of the collaboration or correspondence relating thereto. The parties are in control of the time they are prepared to give their collaboration. Some people need a lot of time to complete and others will reach solutions in a few meetings. Collaborative practitioners offer a tightly orchestrated model with meetings scheduled in advance every two weeks and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.[citation needed] [edit] Electronic divorce Electronic divorce is a means that allows two persons married under certain jurisdictions, such as Portugal, to file an electronic request for a no-fault, collaborative divorce in a non-judiciary administrative entity. Specific cases, with no children, real property, alimony, or common address, can be decreed as summary within one hour.[9][10][11][12][13][14] [edit] Mediated divorce Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party's attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Divorce mediators may be attorneys who have experience in divorce cases or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce

mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.