Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.
It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or alimony, child custody, child support, and distribution of property.
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.
Types of divorce
• At-fault
• No-fault divorces
• Summary divorce
No fault divorce
Under a no-fault divorce system a marriage partner does not need to show that the other marriage partner did or was at fault to obtain a divorce. Common reasons for no-fault divorce include: incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. Forty-nine of the United States have adopted no-fault divorce laws.
At-fault divorce
Fault divorces used to be the only way to break a marriage, and people who had differences only had the option to separate (and were prevented from legally remarrying). In the United States, only the state of New York still requires fault for a divorce. All other states have adopted no-fault divorce statutes.
Summary divorce
A summary divorce is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.
Key factors:
• Short marriage (under 5 years)
• No children (or, in some states, they have resolved custody and set child support payments)
• Minimal or no real property (no mortgage)
• Marital property is under a threshold (around $35,000 not including vehicles)
• Each spouse's personal property is under a threshold (typically the same as marital property)
Uncontested divorce
Most divorces in the US are uncontested. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property, deal with children, etc.
Collaborative divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on divorce issues, in large part because of its high success rate. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance with attorneys who are trained in the collaborative divorce process.
Mediated divorce
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the husband and wife by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. An attorney can inform both parties of their legal rights.
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