Divorce

From GeneaWiki - English

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, Canada, 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 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 some jurisdictions and countries, 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 agreements or postnuptial agreements, 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. Less adversarial approaches to divorce settlements have emerged in recent years, such as mediation and collaborative divorce, to negotiate mutually acceptable resolution to conflicts. In some other countries, like Portugal, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non judiciary administrative entity.