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Divorce Law Information
What Is Divorce?
Divorce or dissolution of marriage is the ending of a
marriage, which 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, child custody and distribution of property.
In developed countries, divorce rates have increased markedly during the
twentieth century. Among the states in which divorce has become commonplace are
the United States, Japan, Korea and members of the European Union (in Malta
divorce is illegal, Ireland only allowed divorce since 1997 via a referendum,
(the Fifteenth Amendment to the constitution)). In U.S. Canada, the United
Kingdom and other some other developed Commonwealth countries, this boom in
divorce 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. The subject of divorce as a social phenomenon is an
important research topic in sociology.
Some researchers argue that divorce rates do not always reflect actual
interactions among people; that is, some countries may show a low divorce rate
because, in such countries, people rarely get married in the first place.
Divorce Laws
The term between divorce and remarriage varies depending on
the country and the sex of the divorcee. In some countries, women need to wait
longer than men before remarrying to avoid confusion about paternity. Children
born after divorce may or may not be recognized as children of their father
depending on the period between divorce and birth, although recognition of
maternity is usually automatic. In most common law jurisdictions there is a
presumption that the child born during the marriage is the husband's child,
however this presumption can be overcome by identifying the putative father and
bringing a paternity or affiliation proceeding. If the child was conceived
before the divorce but born afterward this may involve litigation. If a man
accepts the child as his own he may be declared the father and may in many
jurisdictions incur obligations towards the child.
A man who has been divorced is a divorcé; a divorced woman is a divorcée (from
French).
A divorce is generally accomplished through 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 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 also emerged in recent years, known as family mediation,
an attempt to negotiate mutually acceptable resolution to conflicts.
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