Divorce

Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.

Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of alimony (spousal support), child custody, child visitation / access, parenting time, child support, distribution of property, and division of debt.

In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.

Grounds for divorce vary widely from country to country; Irreconcilable differences is the most common reason given for divorce. Marriage may be seen as a contract, a status, or a combination of these. Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse.

In contrast, in some countries (such as Sweden, Finland, Australia, New Zealand), divorce is purely no fault. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce. This is the case, for example, in many US states (see Grounds for divorce (United States)).

In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 720 and 1100 of the California Family Code). Grounds for divorce differs from state to state in the U.S. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; some states allow either method.

Polygamy is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygamy which leads to divorce.

The frequency of divorce rises in polygamous marriages compared to monogamous relationships. Within polygamous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygamy affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.

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