Divorced Essay

4259 WordsOct 14, 201118 Pages
A.What is divorce 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. Malta introduced divorce on 1 October 2011. This leaves only two countries in the world—the 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. B. 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 behavior 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. 1.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

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