Marital separation

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Marital separation occurs when spouses in a marriage stop living together without getting divorced. Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses. A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. As for a divorce, the latter may include provisions for alimony, whether to have sole custody or shared parenting of any children, and the amount of child support. [1] [2]

Contents

Separation to enhance a marriage

Although the emotional impact of separation is similar to that of divorce, [3] some argue that a temporary separation may also occur to enhance the marriage as a tool to stay together. Some experts regard a six-month separation as a good amount of time for a temporary separation, since it is long enough to set up a second household and gain perspective, but not long enough to seem permanent.[ medical citation needed ]

Ground for divorce

A separation may be unilaterally decided by one of the spouses moving away. Many U.S. state statutes, for example Virginia's, specify that being separated for a given period of time can be grounds for divorce. [4]

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<span class="mw-page-title-main">Spouse</span> Partner in a marriage or similar union

A spouse is a significant other in a marriage. The word 'spouse' can only ever be used when a couple is married legally or by common law. A male spouse is called a husband while a female spouse is called a wife.

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.

New York divorce law changed on August 15, 2010, when Governor David Paterson signed no-fault divorce into law in New York state. Until 2010, New York recognized divorces only upon fault-based criteria or upon separation. The State Senate approved the No-Fault Divorce bill on June 30, and the State Assembly passed the bill on July 1.

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.

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.

Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.

Community property also called community of property is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and inheritances they receive during marriage, are treated as that spouse's separate property in the event of divorce. In some cases, separate property can be "transmuted" into community property, or be included in the marital estate for reasons of equity. Community property can also be relevant in probate law, during the disposition of a will.

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.

<span class="mw-page-title-main">John Gottman</span> American psychologist (born 1942)

John Mordechai Gottman is an American psychologist, professor emeritus of psychology at the University of Washington. His work focuses on divorce prediction and marital stability through relationship analyses. The lessons derived from this work represent a partial basis for the relationship counseling movement that aims to improve relationship functioning and the avoidance of those behaviors shown by Gottman and other researchers to harm human relationships. His work has also had a major impact on the development of important concepts on social sequence analysis. He and his wife, psychologist Julie Schwartz Gottman, co-founded and lead a relationship company and therapist training entity called The Gottman Institute. They have also co-founded Affective Software Inc, a program designed to make marriage and relationship counseling methods and resources available to a larger audience.

Covenant marriage is a legally distinct kind of marriage in three states of the United States, in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce. Louisiana became the first state to pass a covenant marriage law in 1997; shortly afterwards, Arkansas and Arizona followed suit. Since its inception, very few couples in those states have married under covenant marriage law.

Marital deduction is a type of tax law that allows a person to give assets to his or her spouse with reduced or no tax imposed upon the transfer. Some marital deduction laws even apply to transfers made postmortem. The right to receive property conveys ownership for tax purposes. A decree of divorce transfers the right to that property by reason of the marriage and is also a transfer within a marriage. It makes no difference whether the property itself or equivalent compensation is transferred before, or after the decree dissolves the marriage. There is no U.S. estate and gift tax on transfers of any amount between spouses, whether during their lifetime or at death. There is an important exceptions for non-citizens. The U.S. federal Estate and gift tax marital deduction is only available if the surviving spouse is a U.S. citizen. For a surviving spouse who is not a U.S. citizen a bequest through a Qualified Domestic Trust defers estate tax until principal is distributed by the trustee, a U.S. citizen or corporation who also withholds the estate tax. Income on principal distributed to the surviving spouse is taxed as individual income. If the surviving spouse becomes a U.S. citizen, principal remaining in a Qualifying Domestic Trust may then be distributed without further tax.

<span class="mw-page-title-main">Grounds for divorce (United States)</span>

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.

<span class="mw-page-title-main">Divorce law by country</span> Overview of divorce laws around the world

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.

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.

Marriage in the United States is a legal, social, and religious institution. The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual may marry in the United States as of right, without parental consent or other authorization, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi, where the general marriage age is 21. In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental and/or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.

The Hindu Marriage Act (HMA) is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).

<span class="mw-page-title-main">Divorce law in Sweden</span>

Divorce law in Sweden concerns the dissolution of marriage, child support, alimony, custody and the division of property. Divorce restores the status of married people to individuals, leaving them free to remarry. The divorce laws in Sweden are known to be considerably liberal compared to other jurisdictions.

Divorce in Norway can be obtained on several grounds.

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.

References

  1. Spanier, Graham B.; Anderson, Elaine A. (August 1979). "The Impact of the Legal System on Adjustment to Marital Separation". Journal of Marriage and the Family. 41 (3): 605. doi:10.2307/351630. JSTOR   351630.
  2. Fitzpatrick, David (February 1987). "Divorce and Separation in Modern Irish History". Past & Present. 114 (114): 172–196. doi:10.1093/past/114.1.172. JSTOR   650964.
  3. Weiss, Robert S. (January 1976). "The Emotional Impact of Marital Separation". Journal of Social Issues. 32 (1): 135–145. doi:10.1111/j.1540-4560.1976.tb02484.x.
  4. "§ 20-91. Grounds for divorce from bond of matrimony; contents of decree". Code of Virginia.