Divorce

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, 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 the USA, Canada, the United Kingdom, and some other developed Commonwealth countries, this divorce boom developed in the last half of the twentieth century. 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.

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. A less adversarial approach to divorce settlements has emerged in recent years, known as mediation, an attempt to negotiate mutually acceptable resolution to conflicts.

Types of Divorce

There are several types of divorce: at-fault vs no-fault divorces, and summary divorce.

No Fault Divorce

No-fault divorce is the newest of the two types, and does not need a fault as a cause. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.

Often a no-fault divorce will require seperation for a period of time, which in the US can range from 180 days to 5 years, depending on the state.

Depending on the state, a contesting spouse can deny incompatibility and block a no-fault divorce.

No-fault divorces may also depend upon a lack of issue (ie: children) in the marriage.

15 US states only permit no-fault divorce.

At-Fault Divorce

Fault divorces used to be the only way to break a marriage, and people who had differences only had to option to seperate (and were prevented from legally remarrying).

• Attempted murder
• Cruelty (inflicting unnecessary emotional or physical pain)
• Impotency (non-disclosed prior to marriage)
• Adultery (flagrant)
• Infection with an STD
• Desertion
• Prison sentence of a substantial length
• Insanity
• Habitual drunkenness
• Use of addictive drugs

However there are ways (defenses) to prevent a fault divorce:

• Condonation
• Connivance
• Provocation
• Collusion

However a defense is expensive, and not usually practical as eventually most divorces are granted - as the public is not interested in forcing people to remain married.

Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breeches.

Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states were there is a waiting period required for no-fault divorce.

Residency requirements vary from state to state, and a spouse may seperate, move to a state with divorce laws of their choice, establish residency, and file. However, this typically does not change the state in which property and other issues are decided.

Summary Divorce

A summary (or simple) divorce is used when spouses meet certain eligibity requirements, or can agree on key issues beforehand.

Key factors:

• Short marriage (under 5 years)
• No children (or, in some states, they have resolved custody and set child support payments)
• Minimal or no real property (no mortgage)
• Marital property is under a threshold (around $35,000 not including vehicles)
• Each spouses personal property is under a threshold (typically the same as marital property)

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 (either with or without lawyers/mediators) 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 gauranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property, deal with children, etc.

Statistics

Research by British website http://www.insidedivorce.com which questioned over 2,000 people who are married, divorced, separated or living together found that nearly one in five marriages (19%) – that’s half a million people – are on shaky ground and could be heading for the divorce courts, according to research* by new website InsideDivorce.com. Key findings from the report, which takes an in-depth look at modern love and the social, economic, sexual and psychological ups and downs that make and break Britain’s relationships, include:

• Sex, infidelity, falling out of love and abuse are the primary reason for divorce in Britain. • One in five women cite a serious incident of abuse as the reason for relationship breakdown. • One in three men are currently bored with their wife and marriage. • The average length of marriage before it hits the rocks is seven years, three months. • The worst role models for divorce are Lady Heather Mills- McCartney and Sir Paul McCartney while the best are Fergie (the Duchess of York) and Prince Andrew.

Nearly half (44%) of married people surveyed say that their sex lives have decreased while a further one in ten married couples are having no sex at all. These figures are particularly worrying for men, with “lack of sex” being cited as the single biggest factor in relationship breakdown. Tellingly, 36 per cent of men and 44 per cent of women said a partner’s affair was a key problem in their marriage.

Over one in four divorced or separated people surveyed (27%) said that discovering their partner was having an affair was the defining moment that signalled the end of their marriage. In terms of how they discovered their partner’s infidelity: over half of people (54%) discovered the affair themselves, while one in five confessed, and four per cent were told by the ‘other woman/man’. One in every 100 simply got a text or letter. One in five divorcees (22%) said falling out of love was what lead to the breakdown of their relationship, while a staggering one in six (15.9%) women and six per cent of men said a serious incident of abuse is what pushed them over the edge. What’s worse is that forty per cent of women claim physical and mental abuse was a problem during their marriage and one in four females (24.5%) say that they have encountered drug and alcohol abuse in their relationship before its end.

Top ten reasons for relationship meltdown (according to InsideDivorce.com) 1. My partner had an affair 2. Abuse (physical and/or mental) 3. Boredom 4. Lack of sex 5. Financial disagreements 6. Alcohol/drug abuse 7. Debt 8. My career took priority 9. Hobbies (e.g. football) 10. I had an affair

How kids cope The research found that: • 80% of children of divorced parents consider themselves to be “quite happy” or “very happy”. • Children say “don’t stay together for our sake” as over 60% say it is better for parents who argue to split up. • 80% of children of divorced parents say their home life is the same or better after divorce. • Just 28% of children of divorced parents want them to get back together. • The biggest benefit of a break-up for children is an end to arguments. • The greatest impact of divorce on children is a sense of helplessness and pressure to take sides. • The worst drawback is continuing arguments between parents over the time they spent with their children and the need to travel between two homes. • Few children – just 13% - object to their parents finding someone new after divorce. • 70% of children of divorced parents say a definite “yes” to wedding bells at some point in their lives.

Main article: Divorce demography

In the United States, in 2005 there were 7.5 new marriages per 1,000 people, and 3.6 divorces per 1,000, a ratio which has existed for many individual years since the 1960s. As many statisticians have pointed out, it is very hard to count the divorce rate, since it is hard to determine if a couple who divorce and get back together in that same year should be considered a divorce, so there is in fact no predictive relationship between the two annual totals. This method does not take account of the length of marriage, just the fact that a certain percentage of people were divorced and a certain number of people are married, rendering the statistic almost meaningless. Nonetheless, the claim that "half of all marriages end in divorce" became widely accepted in the US in the 1970s, on the basis of this statistic, and has remained conventional wisdom. Pollster Lewis Harris in his 1987 book "Inside America" wrote that "the idea that half of American marriages are doomed is one of the most specious pieces of statistical nonsense ever perpetuated in modern times."

To establish an actual divorce rate requires tracking and analyzing significant samples of actual marriages through decades, which is not an easy task. Recent US scholarship based on such longterm tracking, reported for example in the New York Times on April 19, 2005, has found that about 60% of all marriages that result in divorce do so in the first decade, and more than 80% do so within the first 20 years; that the percentage of all marriages that eventually end in divorce peaked in the United States at about 41% around 1980, and has been slowly declining ever since, standing by 2002 at around 31%; and that while in the 1960s and 1970s there was little difference among socioeconomic groups in divorce rates, diverging trends appeared starting around 1980 (e.g., the rate of divorce among college graduates had by 2002 dropped to near 20%, roughly half that of non-college graduates).

In the decades following introduction of no-fault divorce laws, there was an extraordinary increase in divorce rates, and more recent research has clarified that US divorce rates had been on a gentle increase since the 1890s (with a short-term decline during the Great Depression and a spike just after World War II). The long-term rate of increase steepened with the advent of no-fault divorce laws in the late 1960s; the gradual decline starting in the early 1980s has continued for a quarter-century thus far, though much of the divorce decline can be attributed to the increased social acceptability of co-habitation without the benefit of marriage.

According to a study published in the American Law and Economics Review, women currently file slightly more than two-thirds of divorce cases in the US. 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 divorce filing rate by women approaches 90%.

States in the US handle billions of dollars in alimony and child support arrangements, which commonly result from divorces. (According to a 2003 US census report], 43.7% of custodial mothers and 56.2% of custodial fathers, are divorced or separated.) A 2005 Census Bureau Report found that in 2002, $40 billion had been paid in support arrangements by 7.8 million payers, 84% of whom were men. States also collected federal incentives to collect support payments, with a potential incentive pool of up to $454 million in fiscal 2004.

The divorce rate is generally low among Muslims, in comparison to other religious groups. However, at least in some Muslim populations, that rate may be rising. For example: in 2004 in Singapore (which has an 18% Muslim population) many feared that the divorce rate among Muslims had risen too high: 9 out of every 1,000 marriages, a ratio 3 times higher than Malaysia, and 5 times higher than Indonesia.

History

Henry VIII of England is known for founding the Anglican Church in order to obtain his numerous divorces.

Divorce existed in antiquity, dating at least back to ancient Mesopotamia. The ancient Athenians liberally allowed divorce, but the person requesting divorce had to submit the request to a magistrate, and the magistrate could determine the reasons given were insufficient. Although liberally granted in ancient Athens, divorce was rare in early Roman culture. As the Roman Empire grew in power and authority, however, Roman civil law embraced the maxim, “matrimonia debent esse libera” ("marriages ought 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. The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the 6th century. After the fall of the empire, familial life was regulated more by ecclesiastical authority than civil authority. By the 9th or 10th century of the Christian era, the frequency of divorce had been greatly curtailed by the influence of the Christian church. ( 2 Kent's Commentaries on American Law, p. 96 (14th ed. 1896)). The Christian church considered marriage a sacrament instituted by God and Christ indissoluble by mere human action. Canons of the Council of Trent, Twenty-fourth Session.

Although divorce, as known today, was generally prohibited after the 10th century, actions allowing the separation of husband and wife and annulment of the 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 cohabit together; but their marital did not terminate. 2 Kent's Commentaries on American Law, p. 125, n. 1 (14th ed. 1896). Because the marriage did not end, the husband had a continuing duty to support his wife (alimony). From the earliest years of the Christian age until the 18th century, annulment was the only means by which a marriage could be dissolved, and the circumstances under which annulment was proper was solely within the province of ecclesiastical courts. The common-law courts had no power over marriage since it was a status granted by the Church. The grounds for annulment were determined only by Church authority. Annulment was known as “divorce a vinculo matrimonii,” or “divorce from all the bonds of marriage,” 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.” 1 W. Blackstone, Commentaries on the Laws of England, 428 (Legal Classics Library spec. ed. 1984); 2 Kent's Commentaries on American Law, p. 1225, n. 1; 1 E.Coke, Institutes of the Laws of England, 235 (Legal Classics Library spec. ed. 1985). 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.” (Blackstone, Commentaries on the Laws of England, p. 435 (Legal Classics Library spec. ed. 1984). Since husband and wife became one person upon marriage, that oneness could only be dissolved if the parties improperly entered into the marriage initially.

Marriage later came to be considered a civil contract, and civil authorities gradually asserted their power to decree divorce. Since no precedents existed defining the circumstances under which marriage could be dissolved, civil authorities heavily relied on the previous determinations of the ecclesiastic courts and freely adopted the requirements set down by those courts. Although the common-law courts gradually assumed the power to dissolve marriages, divorce was considered contrary to public policy, and the courts strictly construed those circumstances under which they would grant a divorce. Blackstone, Commentaries on the Laws of England, p. 429.

Because marriage could not be terminated except in the most extreme circumstances, common-law courts refused the grant of 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." Kent's Commentaries on American Law, p. 401. 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.” Kent's Commentaries on American Law, p. 147.

Causes

An annual study in the UK by management consultants Grant Thornton estimates the main causes of divorce based on surveys of matrimonial lawyers.

The main causes in 2004 (2003) were:

• Extra-marital affairs - 27% (29%)
• Family strains - 18% (11%)
• Emotional/physical abuse - 17% (10%)
• Mid-life crisis - 13% (not in 2003 survey)
• Addictions, e.g. alcoholism and gambling - 6% (5%)
• Workaholism - 6% (5%)

According to this survey, men engaged in extra-marital affairs in 75% (55%) of cases; women in 25% (45%). In cases of family strain, women's families were the primary source of strain in 78%, compared to 22% of men's families.

Emotional and physical abuse were more evenly split, with women affected in 60% and men in 40% of cases. In 70% of workaholism-related divorces it was men who were the cause, and 30% women.

The 2004 survey found that 93% of divorce cases were petitioned by women, 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.

Regarding divorce settlements, as defined by this survey 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 2004 report concluded that campaigns like that of Fathers 4 Justice must succeed in increasing the percentage of shared residence orders, in order for more equitable financial divisions to become the norm.

To prevent jurisdiction shopping you can only now bring proceedings in England and Wales if you are habitually resident there or have retained domicile in England and Wales. This applies to the whole of the EU. Therefore if you live in France but were married in England, you should bring the proceedings in France.

Who initiates divorce?

The National Center for Health Statistics reports that from 1975 to 1988, in families with children present, wives file for divorce in approximately 2/3 of the cases each year. In 1975, 71.4% of the cases were filed by women, and in 1988, 65% were filed by women.

In their study titled "Child Custody Policies and Divorce Rates in the US," Kuhn and Guidubaldi find it reasonable to conclude that women anticipate advantages to being single, rather than remaining married. ^{, cited by} When women anticipate a clear gender bias in the courts regarding custody, they expect to be the primary residential parent for the children and the resulting financial child support, maintaining the marital residence, receiving half of all marital property, and gaining total freedom to establish new social relationships. These are seductive enticements to divorce, rather than to remain married. In their detailed analysis of divorce rates, Khun and Guidubaldi conclude the evidence suggest that acceptance of joint physical custody may reduce divorce. States whose family law policies, statutes, or judicial practice encourage joint custody have shown a greater decline in their divorce rates than those that favor sole custody.

21st Century divorce

Until the advent of online commerce most divorces were handled by Solicitors; however, a number of online divorce services have been operating for many years, cutting the costs of divorce. Online divorce could account for about 1 in 5 of all divorces filed in England and Wales, if statistics are to be believed.

There are now internet-based divorce services all over the world, the majority being in English-speaking countries such as the UK, USA, and the Commonwealth. Most of these websites charge considerably less than lawyers or local attorneys.

Religious/cultural attitudes

Main article: Religion and Divorce

Many religions have varied attitudes towards divorce, ranging from prohibited to acceptable behavior.

Implications of divorce

Main article: Implications of divorce

There are significant emotional, financial, medical and psychological implications of divorce.

Divorce laws in different countries

Main article: Law and divorce around the world

Different societies and legal jurisdictions have varying attitudes towards divorce.

See also

• Relationship counseling
• List of people with multiple marriages
• List of songs about divorce
• Allegations of domestic violence
• Parental alienation and Parental alienation syndrome
• Annulment
• Father's Rights
• Child Custody
• Divorce demography
• Marriage strike

References

Also:

• Amato, Paul R. and Alan Booth. A Generation at Risk: Growing Up in an Era of Family Upheaval. Harvard University Press, 1997. ISBN 0-674-29283-9 and ISBN 0-674-00398-5. Reviews and information at [1]
• Gallagher, Maggie. "The Abolition of Marriage." Regnery Publishing, 1996. ISBN 0-89526-464-1.
• Lester, David. "Time-Series Versus Regional Correlates of Rates of Personal Violence." Death Studies 1993: 529-534.
• McLanahan, Sara and Gary Sandefur. Growing Up with a Single Parent; What Hurts, What Helps. Cambridge: Harvard University Press, 1994: 82.
• Morowitz, Harold J. "Hiding in the Hammond Report." Hospital Practice August 1975; 39.

• Office for National Statistics (UK). Mortality Statistics: Childhood, Infant and Perinatal, Review of the Registrar General on Deaths in England and Wales, 2000, Series DH3 33, 2002.
• U.S. Bureau of the Census. Marriage and Divorce. General US survey information. [2]
• U.S. Department of Health and Human Services. Survey of Divorce [3] (link obsolete).

External links

• Support? A documentary that explores the fundamental flaws in Family Courts and Child Support System.
• CBC Digital Archives - Splitting Up: Canadians Get Divorced
• Understanding Separate and Community Property
• Biblical Perspective on Divorce
• Divorce (in Moral Theology)