Divorce
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.
No fault divorce describes a divorce process which does not required a court to find either party at fault for the breakdown of a marriage when granting the divorce. No fault divorce does not mean a court will ignore the behaviour of the parties when dividing property, debts, evaluating custody, and support. Rather, the typical no fault statute prohibits a court from denying a divorce or allowing a party to raise a defense for divorce.
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.
from wikipedia |