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 recognized 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 any sexual activity. A marriage ceremony is called a wedding.
Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing 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.
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, or marriage by habit and repute. In the jurisdictions where marriage can still be contracted this way, a common law marriage is a legal marriage despite non-compliance with the requirements for a statutory marriage.
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 eventually 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 involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.
A relationship breakup, breakup, or break-up is the termination 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.
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.
In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine:
A get, ghet, or gett is a document in Jewish religious law which effectuates a divorce between a Jewish couple. The term is also used to refer to the divorce itself. The get is a 12-line document written in Aramaic. The requirements for a get include that the document be presented by a husband to his wife. The essential part of the get is a very short declaration: "You are hereby permitted to all men". The effect of the get is to free the woman from the marriage, and consequently she is free to marry another and that the laws of adultery no longer apply. The get also returns to the wife the legal rights that a husband held in regard to her.
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.
This article is a general overview of divorce laws around the world. Every nation in the world allows its 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.
Divorce in the United States is a legal process in which a judge or other authority dissolves the marriage existing between two persons. Divorce restores the persons to the status of being single and permits them to marry other individuals. 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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