Divorce
[1] Divorce usually entails the canceling or reorganising 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 or state.Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 it was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987),[6] Paraguay (1991),[7] Colombia (1991; from 1976 was allowed only for non-Catholics),[7] Andorra (1995),[8] Ireland (1996), Chile (2004)[9] and Malta (2011).Also in Italy, new laws came into force in 2014 and 2015 with significant changes in Italian law in matter of divorce: apart from shortening of the period of obligatory separation (6 months for consensual separations and 1 year for contested ones from the previous 3 years), are allowed other forms of getting a divorce – as an alternative to court proceedings, i.e. the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office.Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation.In 'no-fault' jurisdictions divorce can be obtained either on a simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of de facto separation.In jurisdictions adopting the no-fault principle, some courts may still take fault into account when determining some aspects of the terms of the divorce decree, for example, the division of property and debts and provision of spousal support.The Millet System, where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post−Ottoman countries including Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority and Egypt.[53] According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States.[59] An annual study in the UK by management consultants Grant Thornton, estimates the main proximate causes of divorce based on surveys of matrimonial lawyers.One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner.In the first study conducted amongst 2,000 college students on the effects of parental relocation relating to their children's well-being after divorce, researchers found major differences.In most cases these effects are displayed in academic strain, difficulty in regulating mood and emotions, and a tendency to find outlets in harmful substances or activities such as drugs, alcohol, and violence.[81] A study in Sweden led by the Centre for Health Equity Studies (Chess) at Stockholm University/Karolinska Institutet, is published in the Journal of Epidemiology & Community Health found that children living with just one parent after divorce suffer from more problems such as headaches, stomach aches, feelings of tension and sadness than those whose parents share custody."[86] Children involved in high-conflict divorce or custody cases can experience varying forms of psychological distress due to conflict between their parents.Many couples believe that by separating, or becoming legally divorced that they are helping their children, and in situations of extreme parental conflict or abuse it most likely will be beneficial.As a result, children may not learn the social skills (such as the ability to negotiate and reach compromises) that are necessary to form mutually rewarding relationships with peers.More and more seniors are staying single; an analysis of census data conducted at Bowling Green State University predicted that divorce numbers would continue to rise.The 30-day cooling off period is created with the aim of generating more social stability, which avoids couples from making rushed or in-the-heat-of-the-moment emotionally-charged decisions.Since the implementation of the cooling-off rule, China's Ministry of Civil Affairs discovered as sharp 72 per cent drop in divorce rates since the last quarter.Although there has been a positive effect to reduce divorce in the country, Chinese citizens are not responding well to the cooling-off policy, which concerns women in marriages experiencing domestic abuse.[106] In part because of economic conditions one in every three marriages resulted in divorce by 2021; the high rates are linked to the shifting status of women and empowerment of individuals.For the Orthodox, to say that marriage is indissoluble means that it should not be broken, the violation of such a union, perceived as holy, being an offense resulting from either adultery or the prolonged absence of one of the partners.[142] Under the influence of the Catholic Church, the divorce rate had been greatly reduced by the 9th or 10th century,[143] which considered marriage a sacrament instituted by Jesus Christ and indissoluble by mere human action.[144] Although divorce, as known today, was generally prohibited in Catholic lands after the 10th century, separation of husband and wife and the annulment of marriage were well-known.During the English Civil War, the Puritans briefly passed a law that divested marriage of all sacrament, leaving it as a secular contract that could be broken.This new attitude heavily influenced the law in neighbouring Austria under Emperor Joseph II, where it was applied to all non-Catholic Imperial subjects.[155] Divorce was legalised in France after the French Revolution on a similar basis, although the legal order of the ancien regime was reinstated at the Bourbon restoration of 1816.Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy.[175] In June 2010, the Union Cabinet of India approved the Marriage Laws (Amendment) Bill 2010, which, if cleared by Parliament, would establish "irretrievable breakdown" as a new ground for divorce.[176] Under the proposed amendment, the court before proceeding to the merits of the case must be satisfied by the evidences produced that parties have been living apart for a continuous period of not less than three years immediately preceding the presentation of the petition.
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