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Divorce

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Divorce or dissolution of marriage is a legal process leading to the termination of a marriage. Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted.

The legal process for divorce may also involve an application and award of spousal support, child custody, child support, distribution of property and division of debt, though these matters are only ancillary to the dissolution of the marriage.

In some jurisdictions, 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 recently emerged, such as mediation and collaborative divorce, which 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, where also can be served an Electronic Divorce since March 2008.

In cases involving children, governments have a pressing interest in ensuring that disputes between parents do not spill over into the family courts. One way of doing this is through the encouragement of a parenting plan. In the United States, all states now require parents to file a parenting plan when they legally separate or divorce.

Types of divorce

  • The approach to divorce varies by jurisdiction. There are two basic approaches to divorce: fault based and no-fault based
  • Fault divorce can affect the distribution of property, and will allow an immediate divorce, in states where there is a waiting period required for no-fault divorce.
  • Residency requirements vary from state to state, and a couple may separate, one spouse may move to a state with divorce laws of their choice, establish residency, and then apply for divorce. However, this typically does not change the state in which property and other issues are decided

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