Marital breakdown refers to the common process whereby the relationship between a married couple erodes, such that they cannot ordinarily restore their relationship. There are many stages to the process, and each individual goes through the stages at different rates. It is a complex process involving psychology, personal finance, and often religion. It is the breach of domestic anticipation, often leading to a divorce or dissolution of the marital relationship. Often there are children, in-laws, and other individuals involved in the process. At the end of the process, there may be no relationship left, or there may be a long-term relationship at a distance (see legal separation). Every marital breakdown is different in this regard.
There are many reasons why some marriages last and others break down. The famous 1989 movie The War of the Roses depicts an extremely violent marital breakdown, where two otherwise reasonable people break down into violent fits of anger directed at one another. Such violence often requires immediate legal intervention to keep individuals from harming one another. In most states, a domestic violencerestraining order (also sometimes called an Order of Protection) is routinely granted when one domestic partner proves that the other has caused violence.
Not all marital breakdowns necessarily result in a divorce. Not all divorces result from marital breakdowns, though the courts ordinarily require one of the parties to attest on penalty of perjury that such a breakdown has occurred before a divorce can be granted.
In Hausa culture, divorce refers to the wife receiving an agreement that the husband has rejected the marriage; she is expected to return to her father's house.
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.
Divorce is the process of terminating a marriage or marital union. 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. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.
Alimony, also called aliment (Scotland), maintenance, spousal support and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country.
A prenuptial agreement, antenuptial agreement, or premarital agreement, is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.
A restraining order or protective order is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.
A relationship breakup, breakup, or break-up is the ending of a relationship. The act is commonly termed "dumping [someone]" in slang when it is initiated by one partner. The term is less likely to be applied to a married couple, where a breakup is typically called a separation or divorce. When a couple engaged to be married breaks up, it is typically called a "broken engagement". People commonly think of breakups in a romantic aspect, however, there are also non-romantic and platonic breakups, and this type of relationship dissolution is usually caused by failure to maintain a friendship.
An intimate relationship is an interpersonal relationship that involves emotional or physical closeness between people and may include sexual intimacy and feelings of romance or love. Intimate relationships are interdependent, and the members of the relationship mutually influence each other. The quality and nature of the relationship depends on the interactions between individuals, and is derived from the unique context and history that builds between people over time. Social and legal institutions such as marriage acknowledge and uphold intimate relationships between people. However, intimate relationships are not necessarily monogamous or sexual, and there is wide social and cultural variability in the norms and practices of intimacy between people.
The cycle of abuse is a social cycle theory developed in 1979 by Lenore E. Walker to explain patterns of behavior in an abusive relationship. The phrase is also used more generally to describe any set of conditions which perpetuate abusive and dysfunctional relationships, such as abusive child rearing practices which tend to get passed down. Walker used the term more narrowly, to describe the cycling patterns of calm, violence, and reconciliation within an abusive relationship. Critics suggest the theory was based on inadequate research criteria, and cannot therefore be generalized upon.
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
The Family Law Act 1975(Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated de facto partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the Matrimonial Causes Act 1961, which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney.
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.
In the United States, marriage and divorce fall under the jurisdiction of state governments, not the federal government.
Scots family law is the body of laws in Scotland which regulate certain aspects of adult relationships and the rights and obligations in respect of children.
In South Africa, marriage exists in a number of different forms, as a result of the diversity of religions and cultures in the country. A man in South Africa may have more than one spouse but a South African woman may only have one spouse. Historically the legal definition of marriage, derived from the Roman-Dutch law, was limited to monogamous marriages between opposite-sex couples. Since 1998 the law has recognised marriages, including polygynous marriages, conducted under African customary law, as well as religious laws such as Islamic law. In 2006 the South African constitutional court ruled in favour of recognizing same-sex marriage. It is currently the only country in the world to recognise both polygamy and same-sex marriages, albeit not in conjunction.
Divorcein South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment, which declares the marriage null and void. Divorce requires the sanction of a court in a legal process. The legal process of divorce may also involve issues of alimony, child custody, child support, distribution of property and division of debt.
The Cascade Model of Relational Dissolution is a relational communications theory that proposes four critically negative behaviors that lead to the breakdown of marital and romantic relationships. The model is the work of psychological researcher John Gottman, a professor at the University of Washington and founder of The Gottman Institute, and his research partner, Robert W. Levenson. This theory focuses on the negative influence of verbal and nonverbal communication habits on marriages and other relationships. Gottman's model uses a metaphor that compares the four negative communication styles that lead to a relationship's breakdown to the biblical Four Horsemen of the Apocalypse, wherein each behavior, or horseman, compounds the problems of the previous one, leading to total breakdown of communication.
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