Divorce Information

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.

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.

The subject of divorce as a social phenomenon is an important research topic in sociology. In many developed countries, divorce rates increased markedly during the twentieth century. Among the nations in which divorce has become commonplace are the United States, Canada, and members of the European Union. Japan retains a markedly lower divorce rate, though it has increased in recent years.

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.


[edit] No fault divorce
Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party to be shown. No-fault divorce has been in operation in Australia since 1975 and the only thing the applicant needs to show is separation (or "deemed separation") for 12 months, and the divorce application can be made by either party or by both parties jointly.

Forty-nine states of the United States have adopted unilateral no-fault divorce laws. Common reasons for no-fault divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. No-fault divorce can be a unilateral divorce action forced upon the non-initiating spouse by the initiator with the support of the court system. The non-initiating spouse may be divorced against his or her will, though "not at fault".

Source: http://en.wikipedia.org/wiki/Divorce