History of Divorce Around The World By Molly Kalafut Just as marriage creates a family relationship, divorce ends that

marriage. Most of the Western Hemisphere and some countries in the Eastern Hemisphere allow divorce under certain circumstances. The legal issues surrounding eligibility for divorce are often very complicated and include everything from alimony and child support to whether the divorced wife must return to her maiden name. Remarriage is a surprisingly sticky issue, and throughout history many regions regulated if or when a divorced husband or wife could remarry. ________________________________________ Babylonia Divorce regulation was first introduced by the Code of Hammurabi in ancient Babylonia. ________________________________________ Brazil In 1978 the country of Brazil made divorce legal. ________________________________________ Canada In the 1960s Canada legalized divorce. Previously the only option was to get a marriage dissolved by an Act of Parliament with an investigation by a special committee of the Canadian Senate. In July 2004, a lesbian couple in Ontario, Canada became the first same-sex couple in Canada to seek a divorce...complicated by divorce laws that define spouses as "either of a man or a woman who are married to each other." The couple had been together for nearly 10 years, married on June 18, 2003 about a week after it was legalized and then separated only 5 days later. The Ontario Court of Appeal ruled the Divorce Act unconstitutional on September 13, 2004 and ordered same-sex marriages added. ________________________________________ Chile In March 2004 the Congress of Chile approved legislation to legalize divorce after 9 years of debate and a 120 year divorce ban. The legalized divorce was signed into

law during May 2004 by President Ricardo Lagos of Chile. The first divorces took place on November 18 2004 when the law first went into effect. Couples that want to divorce are required to undergo 2 months of counseling and separation of 1 year if both parties agree, or 3 years separation if the couples don't agree. The separation period can be waived by a judge for "violations of marital duties" that include violence, drugs, criminal acts, prostitution or homosexuality. Despite the Catholic Church's heated opposition to the law, Lagos was quoted as saying "We cannot impose the positions of one sector of our society on all Chileans". Until the legalization, couples had to find creative ways to secure annulments - such as saying a false address had been given when they married. Despite the excessive cost (3+ months salary) involved in the nearly-sham annulments, more than 6,000 couples sought it each year. The new legal divorces cost less by about half. ________________________________________ China In 1980 China legalized the no-fault divorce. Even if the divorce is wanted by both parties, it requires a mediation process by local committees beforehand to prove the marriage is irreparably damaged. Committees may be reluctant to approve the divorce if the wife can't find separate housing, which is complicated and difficult because housing is scarce and apartments are allocated by the husband's "work unit". Since the apartment and property are awarded to the spouse that stays in the residence, the husband usually receives all the property from a divorce. ________________________________________ France In 1792 divorce was legalized in France then later made illegal in 1816. ________________________________________ German States In the Personal Status Act 1875 German states allowed divorce if the couple was previously entitled to a religious "perpetual separation order". ________________________________________ Ireland On February 27, 1997 the country of Ireland joined the rest of Europe in making divorce legal when it passed an amendment ending the country's constitutional divorce ban. ________________________________________

Italy Rome in classical times before Christianization had an informal, private divorce process. Divorces could be carried out mutually by the partners. Husbands could unilaterally decide on divorce for little or no reason, announced by a letter "repudium". In 449 the emperors Theodosius and Valentinian of Rome changed the divorce law to allow penalty-free divorces to men and woman if their spouse committed certain acts (homicide, poisoning, robbery, etc). In addition, husbands were specifically allowed to divorce their wife, keep the dowry and remarry later if he could prove that she was: "(I) going to dine with men other than her relations without the knowledge or against the wish of her husband; (2) going from home at night against his wish without reasonable cause; (3) frequenting the circus, theatre or amphitheatre after being forbidden by her husband." It was only in the 700s that the Catholic Church announced that marriage was indissoluble by divorce or death. Annulments and dissolutions of marriage were conducted in a limited way until the 1100s when marriages were enforced strictly and even adultery could only result in separation, not divorce. Annulments were possible if the parties could prove they were too closely related by blood, and since noble houses were often closely related it could be conveniently exercised as a way to divorce. An online article about family law gives a fascinating excerpt from a knight's letter in the 1100s commenting on his wife-to-be: "Without any doubt she is related to me within the third degree. That is not close enough to stay away from her. But if I want, and if she does not suit me, I can, on the basis of this relationship, obtain a divorce." In 1974 the government of Italy legalized divorce. ________________________________________ Philippines As of mid-2005, Malta and the Philippines remain two of the very few nations left that do not allow legal divorce. In March 2005, a congresswoman in the Philippines published a bill to legalize divorce. A previous attempt had been made between 2001-2004 but died in Congress without a vote. The measure faces opposition from the Catholic Church. Divorce had been legalized for a time during the Japanese occupation of the FilipinoJapanese but it was illegal again afterwards. One of the only ways to void a marriage is to use "creative" measures, such as declare one of the spouses psychologically incapacitated...and under Article 36 of the Family Code, the psychological incapacitation can take place after the marriage. ________________________________________ Portugal

After the 1910 Revolution in Portugal, laws were passed to liberalize family law. Divorce was legalized on November 3, 1910. Later those family laws were overturned during the dictatorship of Antnio de Oliveira Salazar around 1940. ________________________________________ Prussia In 1794 the Code of Prussia legalized divorce for many broad reasons related to crime, bad conduct, adultery, serious incompatibility, refusal or incapacity for "duties of marriage", health reasons or change of religion. Additionally, if the marriage had no children a divorce could be agreed upon mutually by the spouses and both could remarry after the divorce. ________________________________________ Scandinavia Between 1909 and 1929 in candinavia, many family laws were reformed; including divorce and the status of illegitimate children. ________________________________________ Scotland In the 1560s Scotland first recognized divorces for adultery. By 1573 desertion was also grounds for divorce. The Divorce Act of 1938 in Scotland recognized divorces for adultery, desertion, cruelty, sodomy, beastiality and "no-fault" divorce for incurable insanity. The 1976 Divorce Act for Scotland provided for no-fault divorces for irretrievable breakdown for causes of adultery, desertion, unreasonable behavior, 2 years separation and consent of both spouses, or 5 years separation. Reportedly the "unreasonable behavior" reasons could be very broad. ________________________________________ Soviet Union In the aftermath of the 1917 Revolution, the Soviet Union went through a period of very informal divorces that could be obtained just by one spouse announcing the divorce. Moscow reported 5,000 divorce petitions in the first few months after the change. The rules for marriage and divorce were relaxed even further after 1926, when the divorced spouse was sometimes notified by letter (or postcard). Mass confusion reportedly ensued over who was married or divorced - and may not have been helped by the slow and inefficient postal service. During Stalin's regime, the informal family law was dramatically revoked. Divorce became difficult and

expensive to obtain until the divorce law was again liberalized after 1968 following Stalin's death. ________________________________________ Spain In 1981 the government of Spain legalized divorce. ________________________________________ United States In 1701 the state of Maryland in the United States declared divorce legal. In 1949-50, South Carolina declared divorce legal. In 1970 the state of Alabama in the United States legalized the no-fault divorce. SOURCE: http://molly.kalafut.org/marriage/divorce.html

A brief history of divorce From Henry VIII to White v White Article history The 1857 Matrimonial Causes Act allowed ordinary people to divorce. Before then, divorce was largely open only to men, and had to be granted by an Act of Parliament, which was hugely expensive, and therefore was also open only to the rich. (Long before then, of course, Henry VIII was granted a divorce by the Archbishop of Canterbury, and church courts retained the power to dissolve marriages.)

Under the new law, women divorcing on the grounds of adultery not only had to prove their husbands had been unfaithful but also had to prove additional faults, which included cruelty, rape and incest.

A private members' bill in 1923 made it easier for women to petition for divorce for adultery, but it still had to be proved.

In 1937, the law was changed and divorce was allowed on other grounds including drunkenness, insanity and desertion.

The big change came in 1969, when the Divorce Reform Act was passed, allowing couples to divorce after they had been separated for two years (or five years if only one of them wanted a divorce). A marriage could be ended if it had irretrievably broken down, and neither partner no longer had to prove "fault".

However, divorces continued to favour men, with the award and maintenance for the less-wealthy spouse usually the woman being calculated based on needs, until the White v White case in 1996. Martin White and his wife Pamela had run a farming business, worth about 4.5m during their 33-year marriage. At first Pamela White was awarded 800,000, but she took the case to the court of appeal, then the House of Lords in 2000, and was finally awarded 1.5m.

It was a landmark case because it was decided the assets should be split more fairly, and recognised the contribution of a "homemaker". http://www.guardian.co.uk/lifeandstyle/2009/sep/19/divorce-law-history

Divorce
From Wikipedia, the free encyclopedia

For other uses, see Divorce (disambiguation).

Family law
Entering into marriage

Prenuptial agreement Marriage Common-law marriage Same-sex marriage

Legal states similar to marriage

Cohabitation Civil union Domestic partnership Registered partnership Putative marriage

Dissolution of marriage

Annulment Divorce Legal separation (Alimony)

Issues affecting children

Adoption Child abduction Child abuse Child custody Child marriage Child Protective Services (United States) Child support Contact (including visitation) Emancipation of minors Foster care Grandparent visitation Legal guardian Legitimacy Parental responsibility Parenting coordinator Parenting plan Paternity Residence in English family law Ward

Conflict of laws

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Related areas

Adultery Bigamy Domestic violence Incest

vde

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 introduced divorce on 1 October 2011. This leaves only two countries in the worldthe Philippines and Vatican City

that do not allow for divorce. "Divorcing one's parents" is a term sometimes used to refer to emancipation of minors.
Contents
[hide]

o o

1 Western law 1.1 Differences 1.2 Types of divorce

o o o

1.2.1 No-fault divorce 1.2.2 At-fault divorce 1.2.3 Summary divorce 1.2.4 Uncontested divorce 1.2.5 Collaborative divorce 1.2.6 Electronic divorce 1.2.7 Mediated divorce

2 Polygyny & Divorce 3 Statistics 3.1 United States 3.2 Europe 3.2.1 United Kingdom 3.3 Australia

o o o o o o o
4 History

3.4 Japan

4.1 Greco-Roman culture 4.2 Medieval Europe 4.3 Secularisation in Europe and United States 4.4 Japan 4.5 India 4.6 Islam 5 Causes of divorce 6 Religion and divorce 7 Gender and divorce 8 See also 9 References 10 Further reading

11 External links

[edit]Western

law

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 nonjudiciary 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 faultbased divorce, passed a bill in 2010 permitting no-fault divorce.[3] 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.
[4]

Most US states charge between $175 and $350 for a simple divorce filing.[5][6][7] 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.[8] 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.[8] Urban courts in California report that approximately 80% of the new divorce filings are filed pro se.[9] [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.[10][11][12][13][14][15] [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.[citation needed] [edit]Polygyny

& Divorce

Polygyny is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygyny which leads to divorce. The frequency of divorce rises in polygynous marriages compared to monogamous relationships. Within polygynous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygyny affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.[16] [edit]Statistics Further information: Divorce demography [edit]United

States

Main article: Divorce in the United States In 2008, 49% of all marriages involve a remarriage for one or both spouses. It is estimated that 40% of all marriages have ended in divorce as of 2008.[citation needed] On average, first marriages that end in divorce last about eight years.[17] Of the first marriages for women from 1955 to 1959, about 79 percent marked their 15th anniversary, compared with only 57 percent for women who married for the first time from 1985 to 1989.[17] The median time between divorce and a second marriage was about three and a half years.[17] In 2009 the overall divorce rate was in decline in the U.S., but so was the marriage rate.[18] A 1995 study found a wide range of unassociated factors including frequency of sex, wealth, race, and religious commitment.[19] In 2001, marriages between people of different faiths were three times more likely to be divorced than those of the same faith. In a 1993 study, members of two mainline Protestant religions had a 1 in 5 chance of being divorced in 5 years; a Catholic and an Evangelical, a one in three chance; a Jew and a Christian, a 40% chance.[20] The latter finding is contradicted by a study[21] by the Barna Group,[22][23][24] that conducts polls of interest to Christians.[25] They report that a higher divorce rate was associated with infrequent church attendance. While cohabitation has been shown to be associated with higher divorce rates, a study indicates that divorce-prone couples tend to first cohabit, and not that cohabitation by itself increases the likelihood of divorce.[26] In Saskatchewan Canada, cohabitation as spouses is treated identically in Family Court to civil marriage. The only difference is that it is unknown

whether civilly married persons can civilly marry other persons prior to divorce, but they can become legally sanctioned and recognized spouses of others (under cohabitation legislation), prior to divorcing their first spouse.[citation needed] Success in marriage has been associated with higher education and higher age. 81% of college graduates, over 26 years of age, who wed in the 1980s, were still married 20 years later. 65% of college graduates under 26 who married in the 1980s, were still married 20 years later. 49% of high school graduates under 26 years old who married in the 1980s, were still married 20 years later.[27]Population studies have found that in 2004 and 2008, liberal-voting states have lower rates of divorce than conservative-voting states, possibly because people in liberal states tend to wait longer before getting married.
[28]

In 2009, 2.9% of adults 35-39 without a college degree were divorced, compared with 1.6% with a college education.[29]

The National Center for Health Statistics reports that from 1975 to 1988 in the US, in families with children present, wives file for divorce in approximately two-thirds of cases. In 1975, 71.4% of the cases were filed by women, and in 1988, 65% were filed by women.[30] 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 without a hearing (either with or without lawyers/mediators/collaborative counsel) about the property, children and support issues. A 2008 marital stability study by Jenifer L. Bratter and Rosalind B. King examined whether crossing racial boundaries increases the risk of divorce.[31] Using the 2002 National Survey of Family Growth(Cycle VI), the likelihood of divorce for interracial couples to that of same-race couples was compared.[31] Comparisons across marriage cohorts revealed that, overall, interracial couples have higher rates of divorce, particularly for those that married during the late-1980s.[31] The authors found race and gender variations; White female-Black male and White female-Asian male marriages are more prone to divorce than White-White pairings.[31] Conversely, unions between White males and non-White females (and between Hispanics and non-Hispanic persons) have similar or lower risks of divorce than White-White marriages.[31] [edit]Europe One study estimated that legal reforms accounted for about 20% of the increase in divorce rates in Europe between 1960 and 2002.[32] [edit]United Kingdom The rate of divorce in the United Kingdom has been dropping in recent years. In 2007 the divorce rate in England and Wales was recorded at 11.9 people per every 1000 (1.2%) of the married population. This is the lowest divorce rate recorded since 1981.[33] It fell again in 2008 to 11.5 per thousand,[34] the lowest rate since 1979. [edit]Australia In Australia, nearly every third marriage ends in divorce. After reaching a peak divorce rate of 2.7 per 1000 residents in 2001, the Australian rate declined to 2.3 per 1000 in 2007.[35] [edit]Japan

In Japan, divorces were on a generally upward trend from the 1960s until 2002 when they hit a peak of 290,000. Since then, both the number of divorces and the divorce rate have declined for six years straight. In 2008, the number of divorces totaled 251,000, and the divorce rate was 1.99 (per 1,000 population).[36] [edit]History [edit]Greco-Roman

culture

See also: Marriage in ancient Rome The ancient Athenians liberally allowed divorce, but the person requesting divorce had to submit the request to a magistrate, and the magistrate could determine whether the reasons given were sufficient. Divorce was rare in early Roman culture but as their empire grew in power and authority Roman civil law embraced the maxim, matrimonia debent esse libera ("marriages ought to be free"), and either husband or wife could renounce the marriage at will. Though civil authority rarely intervened in divorces, social and familial taboos guaranteed that divorce occurred only after serious circumspection.[citation needed] The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the sixth century. [edit]Medieval

Europe

After the fall of the Roman Empire, familial life was regulated more by ecclesiastical authority than civil authority. By the ninth or tenth century, the divorce rate had been greatly reduced under the influence of the Church,[37] which considered marriage a sacrament instituted by God and Christ indissoluble by mere human action.[38] Although divorce, as known today, was generally prohibited after the tenth century, separation of husband and wife and the annulment of marriage were well-known. What is today referred to as separate maintenance (or "legal separation") was termed divorce a mensa et thoro (divorce from bed-and-board). The husband and wife physically separated and were forbidden to live or cohabittogether; but their marital relationship did not fully terminate.[39] Civil courts had no power over marriage or divorce. The grounds for annulment were determined by Church authority and applied inecclesiastical courts. Annulment was for canonical causes of impediment existing at the time of the marriage. For in cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio.[40][41][42] The Church held that the sacrament of marriage produced one person from two, inseparable from each other: By marriage the husband and wife are one person in law: that is, the very being of legal existence of the woman is suspended during the marriage or at least incorporated and consolidated into that of the husband: under whose wing, protection and cover, she performs everything.[43] Since husband and wife became one person upon marriage, that oneness could only be annulled if the parties improperly entered into the marriage initially. [edit]Secularisation

in Europe and United States

After the Reformation, marriage came to be considered a civil contract in the non-Catholic regions, and on that basis civil authorities gradually asserted their power to decree a divorce a vinculo matrimonii, or divorce from all the bonds of

marriage. Since no precedents existed defining the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the ecclesiastic courts and freely adopted the requirements set down by those courts. As the civil courts assumed the power to dissolve marriages, courts still strictly construed the circumstances under which they would grant a divorce,[44] and now considered divorce to be contrary to public policy. Because divorce was considered to be against the public interest, civil courts refused to grant a divorce if evidence revealed any hint of complicity between the husband and wife to divorce, or if they attempted to manufacture grounds for a divorce. Divorce was granted only because one party to the marriage had violated a sacred vow to the "innocent spouse." If both husband and wife were guilty, "neither would be allowed to escape the bonds of marriage."[45] Eventually, the idea that a marriage could be dissolved in cases in which one of the parties violated the sacred vow gradually allowed expansion of the grounds upon which divorce could be granted from those grounds which existed at the time of the marriage to grounds which occurred after the marriage, but which exemplified violation of that vow, such as abandonment, adultery, or extreme cruelty.[46] [edit]Japan In the Edo Period (16031868), only husbands could divorce their wives by writing letters of divorce. But actually, their relatives or marriage arrangers often kept these letters and tried to restore the marriages. It was not allowed for wives to divorce their husbands. Some wives were able to gain sanctuary in certain Shinto "divorce temples" for several years, and were able to obtain a divorce thereby.[47][48] In 19th century Japan, at least one in eight marriages ended in divorce. There are four types of divorce in Japan: Divorce by agreement in which the divorce is mutual, divorce by mediation which happens in family court, divorce by decision of family court that takes place when a couple cannot complete a divorce through mediation, and divorce by judgment of district court.[49] [edit]India On an all-India level, the Special Marriage Act was passed in 1954, and the Hindu Marriage Act, in 1955 which legally permitted divorce to Hindus and other communities who chose to marry under these acts. Divorce can be sought by husband or wife on certain grounds, including: adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy.[50] Divorce is also legal based on mutual consent of both the spouses, which can be filed after at least one year of separated living. Mutual consent divorce can not be appealed against, and the law mandates a minimum period of six months (from the time divorce is applied for) for divorce to be granted.[51] Official figures of divorce rates are not available, but it has been estimated that 1 of 100 or another figure 11 of 1,000 marriages in India end up in divorce.[52] Various communities are governed by specific marital legislation, distinct to Hindu Marriage Act, and consequently have their own divorce laws:

The Parsi Marriage and Divorce Act, 1936[53] The Dissolution of Muslim Marriage act, 1939[54]

The Foreign Marriage Act, 1969[55]

An amendment to the marriage laws to allow divorce based on "irretrievable breakdown of marriage" (as alleged by one of the spouses) is currently under consideration in India.[56] In June 2010, the Union Cabinet of India approved the Marriage Laws (Amendment) Bill 2010, which, if cleared by Parliament, would establish "irretrievable breakdown" as a new ground for divorce.[57] [edit]Islam In Islamic law and marital jurisprudence, divorce is accepted and referred to as talaq.[58] Khula is the right of a woman in Islam to divorce or separate from her husband. The triple talaq is a mechanism for divorce which exists in Sunni sect of Islam while rejected by the Shia sect. Talaq (conflict) deals with the relationship between religious and secular systems for terminating the marriage in theconflict of laws. According to Yossef Rapoport, in the 15th century, the rate of divorce was higher than it is today in the modern Middle East, which now has generally low rates of divorce.[59] In 15th century Egypt, Al-Sakhawi recorded the marital history of 500 women, the largest sample on marriage in the Middle Ages, and found that at least a third of all women in the Mamluk Sultanate of Egypt and Syria married more than once, with many marrying three or more times. According to Al-Sakhawi, as many as three out of ten marriages in 15th century Cairo ended in divorce.[60] In the early 20th century, some villages in western Java and the Malay peninsula had divorce rates as high as 70%.[59] [edit]Causes

of divorce

An annual study in the UK by management consultants Grant Thornton, estimates the main proximal causes of divorce based on surveys of matrimonial lawyers.[61] The main causes in 2004 were:

Adultery; Extramarital sex; Infidelity - 27% Domestic violence - 17% Midlife crisis - 13% Addictions, e.g. alcoholism and gambling - 6% Workaholism - 6%

According to this survey, husbands engaged in extramarital affairs in 75% of cases; wives in 25%. In cases of family strain, wives' families were the primary source of strain in 78%, compared to 22% of husbands' families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were of marriages that had lasted 10 to 15 years,

with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce. The age at which a person gets married is also believed to influence the likelihood of divorce; delaying marriage may provide more opportunity or experience in choosing a compatible partner.[28] [edit]Religion

and divorce

Main article: Religion and divorce In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a civil marriage and thus civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state's definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation. Islam allows divorce, and it can be initiated by either the husband or the wife. However, the initiations are subject to certain conditions and waiting periods, which are meant to force the initiating party to reconsider.[62] Dharmic religions do not allow divorce[citation needed]. Christian views of divorce vary, with Catholic teaching allowing only annulment, but most other denominations discouraging but allowing divorce. Jewish views of divorce differ, with Reform Judaism considering civil divorces adequate. Conservative and Orthodox Judiasm require that the husband grant his wife a divorce in the form of a get. Several countries use sharia (Islamic law) to administrate marriages and divorces. Marriage in Israel is administered separately by each religious community (Jews, Christians, Muslims, and Druze), and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either inrabbinical court or Israeli civil court to have the household divided.[63] Further information: Divorce in the Philippines The Philippines doesn't allow divorce because of this issue. As the Catholicism is the majority religion there, Catholic organizations such as the CBCP opposes the divorce to be in effect. [edit]Gender

and divorce

This section requires expansion.

According to a study published in the American Law and Economics Review, women currently file slightly more than twothirds of divorce cases in the United States.[64] There is some variation among states, and the numbers have also varied over time, with about 60% of filings by women in most of the 19th century, and over 70% by women in some states just after no-

fault divorce was introduced, according to the paper. Evidence is given that among college-educated couples, the percentages of divorces initiated by women is approximately 90%. A study has found that White female-Black male and White female-Asian male marriages are more prone to divorce than White-White pairings.[31] Conversely, unions between White males and non-White females (and between Hispanics and nonHispanic persons) have similar or lower risks of divorce than White-White marriages.[31] Regarding divorce settlements, according to the 2004 Grant Thornton survey in the UK, women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50-50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become the norm.[61] Some jurisdictions give unequal rights to men and women when filing for divorce. For couples to Conservative or Orthodox Jewish law (which by Israeli civil law includes all Jews in Israel), the husband must grant his wife a divorce through a document called a get. If the man refuses, the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or who is missing is called an agunah, is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered mamzerim (s) and cannot marry non-mamzerim.[63] [edit]See

also
Wikimedia Commons has media related to: Divorce

Alimony Annulment Child support Divorce of same-sex couples legal aspects, divorce rates Divorce party Dysfunctional family Family law Emancipation of minors Fear of commitment Grey divorce Implications of divorce Law:

Men's rights Relationship counseling Relationship education Single-parent

Law and divorce around the world Legal separation Primary physical custody

Historical:

List of largest divorce settlements

Wife selling (Chinese custom)

Wife selling (English custom)

[edit]References

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^ The Long Run Effects of Legalizing Divorce on Children. ^ "When the law is an ass". BBC News. 1999-11-17. ^ Nicholas Confessore (June 15, 2010). "N.Y. Moves Closer to No-Fault Divorce". New York Times. Retrieved

2011-09-18. ^ "Divorce Forms by State (US)". Divorcedocuments.com. Retrieved 2010-06-11. ^ "Court Fees and Fee Waiver". ^ "Divorce in Oregon". ^ "Getting divorce in Utah". ^ a b Madelynn Herman (September 25, 2006). "Self-Representation: Pro Se Statistics". National Center for

State Courts. ^ "Trends in Pro Se Litigation". ^ Instant Divorce Official Website. Retrieved April 26, 2008. ^ About the Electronic Divorce. Retrieved April 26, 2008. ^ Electronic Divorce legislation. Retrieved April 26, 2008. ^ EU Directive on a Community framework for electronic signatures. Retrieved April 26, 2008. ^ Electronic Divorce news. Retrieved April 26, 2008. ^ Electronic Divorce FAQ's. Retrieved April 26, 2008. ^ Gage-Brandon, A. J. (1992). "The Polygyny Divorce Relationship". Journal of Marriage and Family 54 (2):

285292. doi:10.2307/353060. JSTOR 353060. ^ a b c "Census Bureau Reports". ^ "Divorce and Marriage rates 2007". Cdc.gov. 2009-06-02. Retrieved 2010-06-11. ^ "Vital and Health Statistics; Series 23, No. 22 (July 2002)"(PDF). Retrieved 2010-06-11. ^ Riley, Naomi Schaefer (6 June 2010). "Love conquers all. Except religion". Washington, DC: Washington

Post. pp. B1. ^ "New Statistics on Church Attendance and Avoidance". Barna Group. 2008-03-03. ^ About George Barna The Barna Group. Accessed on 18 November 2010. ^ Grow Your Church from the Outside in: Understanding the Unchurched and How to Reach Them Book

description by The Barna Group. Accessed on 18 November 2010. ^ Grow Your Church from the Outside in: Understanding the Unchurched and How to Reach Them Book

description by Amazon. Accessed on 18 November 2010. ^ "The Barna Group - About Barna Group". Barna.org. Retrieved 2010-06-11.

26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53.

^ Matthew Davis (2010-05-17). "The Changing Nature of Marriage and Divorce". The National Bureau of

Economic Research. ^ Luscombe, Belinda (24 May 2010). "Divorcing by the Numbers". New York, New York: Time. p. 47. ^ a b "Red Families Vs. Blue Families". 2010-05-09. Retrieved 2010-05-22. ^ Yen, Hope (8 October 2010). "Wedding bells for college educated". Atlanta, Georgia: Atlanta Journal-

Constitution. pp. A7. ^ "Advance Report of Final Divorce Statistics, 1988" (PDF).Monthly Vital Statistice Report 39 (12 (supplement

2)). 1991-05-21. ^ a b c d e f g Bratter, Jenifer L.. ""But Will It Last?": Marital Instability among Interracial and Same-Race Couples".

Blackwell Publishing. Retrieved 2009-03-13. ^ "The Effect of Divorce Laws on Divorce Rates in Europe". ^ "National Statistics Online - Divorces". Statistics.gov.uk. Retrieved 2010-06-11. ^ "National Statistics Online - Divorces". Statistics.gov.uk. Retrieved 2010-06-11. ^ "Divorce Statistics AUSTRALIA - Marriage and Divorce Research and Statistics". Mydivorce.com.au. 2009-

03-01. Retrieved 2010-06-11. ^ "Statistical Handbook of Japan: Chapter 2 - Population". ^ Kent's Commentaries on American Law, p. 96 (14th ed. 1896)) ^ Canons of the Council of Trent, Twenty-fourth Session."Session the Twenty-Fourth". London: Dolman. 1848.

pp. 192232. Retrieved 2006-09-18. ^ Kent's Commentaries on American Law, p. 125, n. 1 (14th ed. 1896). ^ W. Blackstone, Commentaries on the Laws of England, 428 (Legal Classics Library spec. ed. 1984). ^ Kent's Commentaries on American Law, p. 1225, n. 1. ^ E.Coke, Institutes of the Laws of England, 235 (Legal Classics Library spec. ed. 1985). ^ Blackstone, Commentaries on the Laws of England, p. 435 (Legal Classics Library spec. ed. 1984. ^ Blackstone, Commentaries on the Laws of England, p. 429. ^ Kent's Commentaries on American Law, p. 401. ^ Kent's Commentaries on American Law, p. 147. ^ http://web-japan.org/tokyo/know/marriage/mar.html Web Japan ^ "Japan Times". 2004-06-19. Retrieved 2010-06-11. ^ "American Citizen Services- Divorce In Japan". Retrieved 2011-09-11. ^ Vaklino.com - "The Hindu Marriage Act, 1955" (Section 13) ^ indiankanoon.org - "Section 13B in the Hindu Marriage Act" ^ "India moves to make it easier to divorce". Retrieved 2011-09-11. ^ http://www.indiankanoon.org/doc/122564/

54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64.

^ http://www.indiankanoon.org/doc/1458498/ ^ http://www.indiankanoon.org/doc/660591/ ^ http://blogs.reuters.com/india/2010/06/11/an-easier-end-to-unhappy-marriages-in-india/ ^ http://pib.nic.in/newsite/erelease.aspx?relid=62464 ^ *"Talak".Encyclopaedia of Islam ^ a b Rapoport, Yossef (2005). Marriage, Money and Divorce in Medieval Islamic Society. Cambridge University

Press. p. 2.ISBN 052184715X ^ Rapoport, Yossef (2005). Marriage, Money and Divorce in Medieval Islamic Society. Cambridge University

Press. pp. 56. ISBN 052184715X ^ a b [1][dead link] ^ An Islamic Perspective on Divorce, May 1999. ^ a b "Under Israel's Divorce Laws, Men Get The Final Word". 2010-04-07. Retrieved 2010-05-24. ^ Brinig, Margaret; Douglas W. Allen (2000). "These Boots Are Made for Walking: Why Most Divorce Filers are

Women".American Law and Economics Review 2 (1): 126129.

[edit]Further

reading

Alford, William P., "Have You Eaten, Have You Divorced? Debating the Meaning of Freedom in Marriage in

China", in Realms of Freedom in Modern China (William C. Kirby ed., Stanford University Press, 2004).

Phillips, Roderick (1991). Untying the knot: a short history of divorce. Cambridge, UK: Cambridge University

Press. ISBN 0-521-42370-8.

http://en.wikipedia.org/wiki/Divorce#cite_note-36