Dissolution of marriage, or divorce, is the legal termination of a marriage. It can occur for various reasons and involves a legally binding agreement on issues such as child care and property division. No-fault divorce is common, and the process can be uncontested or contested. Legal representation is necessary, and a judge must decree the dissolution for it to be official. Over 40% of first marriages in the US end in divorce within 15 years.
Dissolution of marriage is commonly referred to as divorce and means the legal termination of a marriage. This can occur for a variety of reasons, whether or not both spouses are OK with it. The marriage is declared officially concluded, and both spouses revert to celibate status, with a legally binding agreement dealing with issues such as child care and division of property. In many jurisdictions, dissolution of marriage refers to any type of divorce, but some limit the use of the term to uncontested cases in which neither party is at fault.
While historically difficult to obtain in much of the world, dissolution of marriage has become increasingly common. It is estimated that over 40% of first marriages in the United States end in divorce within the first 15 years. Marriages can end for a variety of reasons; some of the most common causes are financial disagreements, infidelity, or poor communication. The specific laws governing the dissolution of marriage vary by jurisdiction, but the basics are similar.
When the decision to end the marriage is made, the spouses may agree or there may be a desire to remain married. When both spouses agree to dissolve their union, it is considered uncontested. If only one spouse wants the marriage dissolved while the other wants to remain married, the divorce is considered contested. A contested divorce is typically much more complicated and takes much longer to resolve.
Even if the dissolution of the marriage is uncontested, there is still the issue of fault. No-fault divorce is the most common in many jurisdictions, where neither spouse is liable nor accused of violating the marriage contract. This type of dissolution is often used even if only one person is to blame, because it is quicker and easier. If allegations of guilt are brought by one spouse to the other, one party must prove that the other committed acts that made the marriage untenable, thus lengthening the process.
Although many couples marry in religious ceremonies, dissolution of marriage is generally a judicial process that returns the individuals involved to single status so that the marriage is considered terminated in the eyes of the law. Typically each spouse will have legal representation and an agreement will need to be reached on matters such as child support and custody, division of property, debts, alimony, and other related matters. These deals are best handled out of court, but can be decided by a judge via court order if necessary. Issues of guilt can affect this process, with the innocent party often receiving more favorable terms. For the dissolution of marriage to be official and legally binding, it must be decreed by a judge or other legal authority.
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