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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.
Divorce may be a result of one
or more factors, usually more than one, which make a
couple unable or unwilling to continue the relationship.
In some cases, incompatibilities arise due to financial
needs, vast differences in career goals, or conflicts
concerning time spent outside the home.
Social and Psychological
Issues 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.
In United States, Canada, United Kingdom and other some other
developed Commonwealth countries, the 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.
Legal Aspects of Divorce
Divorce in the United States is a matter of state law, not
federal law. Each state's legislature has enacted divorce
laws that set forth the requirements for obtaining a
divorce. These requirements vary from state to state.
In general there is a residency requirement and a waiting
period after the separation. For example, in North
Carolina, a spouse must have lived in North Carolina at
least six months and must wait one year after separating
to file for divorce. Other states have different residency
requirements and waiting periods. Some states have
requirements that issues like custody must be settled
prior to the divorce.
Another issue is whether or not a divorcing party has to
prove that the divorce is the other party's fault.
Generally speaking, states offer no-fault divorces where
the issue who is responsible for the dissolution of the
marriage is irrelevant.
Global Issues That Effect
Divorces Where people from different
countries get married, and one or both then choose to
reside in another country, the procedures for divorce can
become significantly more complicated. Although most
countries make divorce possible, the form of settlement or
agreement following divorce may be very different
depending on where the divorce takes place.
In some countries there may
be a bias towards the man regarding property settlements,
and in others there may be a bias towards the woman, both
concerning property, and also custody of any children. One
or both parties may seek to divorce in a country which has
jurisdiction over them. Normally there will be a residence
requirement in the country in which the divorce takes
place.
Some of the more important
aspects of divorce law involve the provisions for any
children involved in the marriage, and problems may arise
due to abduction of children by one parent, or restriction
of access rights to children.
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