View source for Divorce

{{short description|Termination of a marital union}}
{{about|dissolution of marriage}}
{{redirect|Divorcee}}
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{{Use British English|date=August 2022}}
{{Use dmy dates|date=August 2022}}

{{Family law}}   
{{Close Relationships}}

'''Divorce''' (also known as '''dissolution of marriage''') is the process of terminating a [[marriage]].<ref name="Britannica">{{cite encyclopedia |url=https://www.britannica.com/topic/divorce |title=Divorce |encyclopedia=[[Encyclopaedia Britannica]] |access-date=2018-09-22 |archive-url=https://web.archive.org/web/20180922174455/https://www.britannica.com/topic/divorce |archive-date=2018-09-22 |url-status=live }}</ref> Divorce usually entails canceling or reorganising the legal duties and responsibilities of marriage according the law of the particular country or state.<ref>{{Cite journal |date=June 1968 |title=Federal Arbitration Act and Application of the "Separability Doctrine" in Federal Courts |url=http://dx.doi.org/10.2307/1371645 |journal=Duke Law Journal |volume=1968 |issue=3 |pages=588–614 |doi=10.2307/1371645 |jstor=1371645 |issn=0012-7086|url-access=subscription }}</ref>

Divorce laws [[Divorce law by country|vary considerably]] around the world,<ref name="Britannica" /> but in most countries, divorce is a [[legal process]] that requires the sanction of a court or other authority, which may involve issues of [[distribution of property]],<ref name="Britannica2">{{cite encyclopedia |url=https://www.britannica.com/topic/family-law/Economic-aspects-of-family-law#ref385235 |title=Family law |section=Divorce |encyclopedia=[[Encyclopaedia Britannica]] |access-date=2018-09-22 |archive-url=https://web.archive.org/web/20180922173944/https://www.britannica.com/topic/family-law/Economic-aspects-of-family-law#ref385235 |archive-date=2018-09-22 |url-status=live }}</ref> [[child custody]],<ref name="Britannica2" /> [[alimony]] (spousal support), [[child visitation / access]], [[parenting time]], [[child support]], and division of debt. In most countries, [[monogamy]] is required by law, so divorce allows each former partner to marry another person.

Divorce is different from [[annulment]], which declares the marriage null and void, with [[legal separation]] or ''[[de jure]]'' separation (a legal process by which a married couple may formalize a ''[[de facto]]'' [[marital separation|separation]] while remaining legally married) or with ''de facto separation'' (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a [[personality clash]] or [[infidelity]].<ref>The Covenant Divorce Recovery Leader's Handbook - Page 166, Wade Powers - 2008</ref>

The only countries that do not allow divorce are the [[Philippines]] and the [[Vatican City]]. In the Philippines, divorce for non-Muslim Filipinos is not legal unless one spouse is an [[undocumented immigrant]] and satisfies certain conditions.<ref>{{cite journal|last1=Gloria|first1=Charmian K|title=Who needs divorce in the Philippines?|journal=Mindanao Law Journal|year=2007 |volume=1 |pages=18–28|doi=10.3860/mlj.v1i1.315}}</ref> The Vatican City is a theocratic state ruled by the head of the Catholic Church, [[Christian views on divorce#Roman Catholic Church|and  does not allow for divorce]]. Countries that have relatively recently legalized divorce are [[Italy]] (1970), [[Portugal]] (1975, although from 1910 to 1940 it was possible both for the civil and religious marriage), [[Brazil]] (1977), [[Spain]] (1981), [[Argentina]] (1987),<ref>{{cite news|url=https://www.latimes.com/archives/la-xpm-1987-07-12-mn-3473-story.html|title=Divorce Is Now Legal in Argentina but, So Far, Few Couples Have Taken the Break|newspaper=[[Los Angeles Times]]|access-date=2014-09-15|archive-url=https://web.archive.org/web/20150721042732/http://articles.latimes.com/1987-07-12/news/mn-3473_1_divorce-law|archive-date=2015-07-21|url-status=live}}</ref> [[Paraguay]] (1991),<ref name="State pp 102">''Sex and the State: Abortion, Divorce, and the Family Under Latin. American Dictatorships and Democracies'', by [[Mala Htun]], pp 102</ref> [[Colombia]] (1991; from 1976 was allowed only for non-Catholics),<ref name="State pp 102"/> [[Andorra]] (1995),<ref>''Le divorce en droit comparé: Europe'' by Bernard Dutoit, Raphaël Arn, Béatrice Sfondylia, Camilla Taminelli, pp.56</ref> [[Republic of Ireland|Ireland]] (1996), [[Chile]] (2004)<ref>{{cite news |title=Chile introduces right to divorce |date=18 November 2004 |url=https://news.bbc.co.uk/2/hi/americas/4021427.stm |publisher=BBC News |access-date=2013-11-01 |archive-url=https://web.archive.org/web/20131104092521/http://news.bbc.co.uk/2/hi/americas/4021427.stm |archive-date=4 November 2013 |url-status=live }}</ref> and [[Malta]] (2011).

==Overview==
Though divorce laws vary between [[jurisdiction]]s, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some jurisdictions, one spouse may be forced to pay the attorney's fees of another spouse.<ref>{{cite web |url=http://www.oceansidedivorcelawfirm.com/divorce/will-my-spouse-have-to-pay-my-attorney-fees/ |title=Will my spouse have to pay my attorney fees? |publisher=Steven Fritsch, Attorney at Law |access-date=2013-04-12 |date=2012-11-12 |archive-url=https://web.archive.org/web/20130429182558/http://www.oceansidedivorcelawfirm.com/divorce/will-my-spouse-have-to-pay-my-attorney-fees/ |archive-date=2013-04-29 |url-status=dead}}</ref>

Grounds for divorce vary widely from country to country. Marriage may be seen as a [[contract]], a [[personal status|status]], or a combination of these.<ref>{{cite web|url=http://www.law.harvard.edu/faculty/jhalley/cv/1-behind_the_law_of_marriage.2.15.11.pdf|title=Behind the Law of Marriage|website=Law.harvard.edu|access-date=2015-04-22|archive-url=https://web.archive.org/web/20150325150342/http://www.law.harvard.edu/faculty/jhalley/cv/1-behind_the_law_of_marriage.2.15.11.pdf|archive-date=2015-03-25|url-status=live}}</ref> Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a [[ground for divorce]] for the other spouse. In contrast, in some countries (such as Sweden,<ref>{{cite web|url=http://www.domstol.se/funktioner/english/matters/family/divorce/|title=Sveriges Domstolar - Divorce|website=Domstol.se|date=2005-12-07|access-date=2014-09-15|archive-url=https://web.archive.org/web/20140915205356/http://www.domstol.se/funktioner/english/matters/family/divorce/|archive-date=2014-09-15|url-status=dead}}</ref> Finland,<ref>{{cite web|url=http://www.suomi.fi/suomifi/english/services_by_topic/families_and_social_services/living_together/divorce/index.html%7D|title=Suomi.fi|website=Suomi.fi|access-date=21 September 2018|archive-date=5 August 2021|archive-url=https://web.archive.org/web/20210805194156/https://www.suomi.fi/welcome-to-the-renewed-suomifi|url-status=live}}</ref> Australia,<ref>{{cite web|url=http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/|title=Separation and Divorce|website=Familylawcourts.gov.au|access-date=2014-09-15|archive-url=https://web.archive.org/web/20140924063536/http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce|archive-date=2014-09-24|url-status=dead}}</ref> New Zealand),<ref>{{cite web|url=http://www.justice.govt.nz/family-justice/separation/divorcing|title=Getting a divorce (dissolving a marriage or civil union)|website=Justice.govt.nz|access-date=2014-09-15|archive-url=https://web.archive.org/web/20140915203122/http://www.justice.govt.nz/family-justice/separation/divorcing|archive-date=2014-09-15|url-status=dead}}</ref> divorce is purely [[no-fault divorce|no fault]], meaning that parties may separate of their own free will without having to prove someone is at fault for the divorce. Many jurisdictions offer both the option of a ''no fault'' divorce as well as an ''at fault'' divorce. This is the case, for example, in many [[Grounds for divorce (United States)|states of the US]], [[France]] and the [[Czech Republic]].<ref name="autogenerated1">{{cite web|url=https://gawron.cz/basic-information-about-divorce-proceedings-in-the-czech-republic/|title=Basic information about divorce proceedings in the Czech Republic|access-date=11 January 2019|website=gawron.cz|last=Gawron|first=Tomáš|archive-date=30 March 2022|archive-url=https://web.archive.org/web/20220330035034/https://gawron.cz/basic-information-about-divorce-proceedings-in-the-czech-republic/|url-status=live}}</ref>

Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.<ref>{{cite web|title=Divorce Act|url=http://usdivorceonline.org|access-date=2019-09-24|archive-url=https://web.archive.org/web/20170926115618/http://usdivorceonline.org/|archive-date=2017-09-26|url-status=live}}</ref>

In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions. In some countries, particularly (but not only) in some former communist countries, divorce can be obtained only on one single general ground of "irretrievable breakdown of the marriage" (or a similar formulation). Yet, what constitutes such a "breakdown" of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g. [[Netherlands]])<ref>Note: The very fact that one of the spouses advances facts for the existence of the irretrievable breakdown itself constitutes 'a very serious indication that an irretrievable breakdown does exist" {{cite web |url=http://ceflonline.net/wp-content/uploads/Netherlands-Divorce.pdf |title=Netherlands - Divorce |website=Ceflonline.net |access-date=2014-09-15 |archive-url=https://web.archive.org/web/20141220192803/http://ceflonline.net/wp-content/uploads/Netherlands-Divorce.pdf |archive-date=2014-12-20 |url-status=dead }})</ref> to quite restrictive ones (e.g., in [[Poland]], there must be an "irretrievable and complete disintegration of matrimonial life", but there are many restrictions to granting a divorce).<ref>{{cite web |url=http://ceflonline.net/wp-content/uploads/Poland-Divorce.pdf |title=Poland - Divorce |website=Ceflonline.net |access-date=2014-09-15 |archive-url=https://web.archive.org/web/20141220192800/http://ceflonline.net/wp-content/uploads/Poland-Divorce.pdf |archive-date=2014-12-20 |url-status=dead }}</ref><ref>{{cite web|url=http://ec.europa.eu/civiljustice/divorce/divorce_pol_en.htm|title=European Commission - European Judicial Network - Divorce - Poland|website=Europa.eu|access-date=2014-09-15|archive-url=https://web.archive.org/web/20140924172930/http://ec.europa.eu/civiljustice/divorce/divorce_pol_en.htm|archive-date=2014-09-24|url-status=live}}</ref> Separation constitutes a ground of divorce in some European countries (in [[Germany]], e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents).<ref>"The marriage can be dissolved if it has broken down. The marriage has broken down if the parties to the marriage are no longer cohabiting and if it cannot be expected that the parties will resume matrimonial cohabitation (Section 1565 (1) BGB). There is an irrefutable presumption that the marriage has broken down if the parties have been living apart for one year and both apply for divorce or if the respondent consents to the divorce. After a separation period of three years, there is an irrefutable presumption that the marriage has broken down, without any comments being required from the parties to the proceedings (Section 1566 (2) BGB)" ([http://ec.europa.eu/civiljustice/divorce/divorce_ger_en.htm ec.europa.eu] {{Webarchive|url=https://web.archive.org/web/20140924174728/http://ec.europa.eu/civiljustice/divorce/divorce_ger_en.htm |date=2014-09-24 }})</ref> Note that "separation" does not necessarily mean separate residences – in some jurisdictions, living in the same household but leading a separate life (e.g., eating, sleeping, socializing, etc. separately) is sufficient to constitute ''de facto'' separation; this is explicitly stated, e.g., in the family laws of Latvia<ref>"Section 73 of the Civil Code explains the circumstances under which spouses can be considered to be living separately, namely, if the spouses do not share a household and one of the spouses refuses outright to maintain a joint household whereby the possibility of marital cohabitation is denied. Separate occupation by spouses of a common dwelling does not necessarily signify a joint household." ([http://ec.europa.eu/civiljustice/divorce/divorce_lat_en.htm ec.europa.eu] {{Webarchive|url=https://web.archive.org/web/20140924165742/http://ec.europa.eu/civiljustice/divorce/divorce_lat_en.htm |date=2014-09-24 }})</ref> or the Czech Republic.<ref name=autogenerated1 />

Divorce laws are not static; they often change reflecting evolving social norms of societies. In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g., [[Divorce in Scotland|Scotland]] in 2006 (1 or 2 years from the previous 2 or 5 years); [[Divorce law by country#France|France]] in 2005 (2 years from the previous 6 years),<ref>{{cite web|url=https://www.angloinfo.com/france/how-to/page/france-family-marriage-partnerships-divorce|title=Divorce in France|access-date=15 June 2016|website=Angloinfo.com|archive-url=https://web.archive.org/web/20160807225156/https://www.angloinfo.com/france/how-to/page/france-family-marriage-partnerships-divorce|archive-date=7 August 2016|url-status=live}}</ref> [[Switzerland]] in 2005 (2 years from the previous 4 years),<ref>{{cite web|url=http://www.binational.ch/en/?Preliminary_remarks___General|title=Binational.ch - General|website=Binational.ch|access-date=2014-09-15|archive-url=https://web.archive.org/web/20140924040951/http://www.binational.ch/en/?Preliminary_remarks___General|archive-date=2014-09-24|url-status=live}}</ref> [[Divorce law by country#Greece|Greece]] in 2008 (2 years from the previous 4 years).<ref>{{cite web|url=http://www2.ohchr.org/English/bodies/cedaw/docs/54/CEDAW-C-GRC-7.pdf|title=Convention on the Elimination of All Forms of Discrimination against Women|website=2.ohchr.org|access-date=2014-09-15|archive-url=https://web.archive.org/web/20140911080817/http://www2.ohchr.org/English/bodies/cedaw/docs/54/CEDAW-C-GRC-7.pdf|archive-date=2014-09-11|url-status=live}}</ref> Some countries have completely overhauled their divorce laws, such as [[Spain]] in 2005,<ref>{{cite web|url=http://ec.europa.eu/civiljustice/divorce/divorce_spa_en.htm|title=European Commission - European Judicial Network - Divorce - Spain|website=Europa.eu|access-date=2014-09-23|archive-url=https://web.archive.org/web/20140924042532/http://ec.europa.eu/civiljustice/divorce/divorce_spa_en.htm|archive-date=2014-09-24|url-status=live}}</ref> and [[Divorce law by country#Portugal|Portugal in 2008]]. A [[divorce in Belgium|new divorce law]] also came into force in September 2007 in [[Belgium]], creating a new system that is primarily no-fault.<ref>Note: Although there is no need to prove fault in order to obtain a divorce, some serious faults affect the [[alimony]] ([http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?DETAIL=1804032130%2FF&caller=list&row_id=1&numero=11&rech=14&cn=1804032130&table_name=LOI&nm=1804032150&la=F&dt=CODE+CIVIL&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=loi_all&trier=promulgation&chercher=t&sql=dt+contains++%27CODE%27%26+%27CIVIL%27and+actif+%3D+%27Y%27&tri=dd+AS+RANK+&imgcn.x=34&imgcn.y=10 ejustice.just.fgov.be] {{Webarchive|url=https://web.archive.org/web/20121003042037/http://www.ejustice.just.fgov.be/cgi_loi/loi_a1.pl?DETAIL=1804032130%2FF&caller=list&row_id=1&numero=11&rech=14&cn=1804032130&table_name=LOI&nm=1804032150&la=F&dt=CODE+CIVIL&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=loi_all&trier=promulgation&chercher=t&sql=dt+contains++%27CODE%27%26+%27CIVIL%27and+actif+%3D+%27Y%27&tri=dd+AS+RANK+&imgcn.x=34&imgcn.y=10 |date=2012-10-03 }}).</ref> Similarly, in the UK, under the new divorce law that came into force in April 2022, the person initiating the divorce process no longer has to blame their spouse for the breakdown of their marriage. [[Divorce law by country#Bulgaria|Bulgaria]] also modified its divorce regulations in 2009. Also in [[Divorce law by country#Italy|Italy]], new laws came into force in 2014 and 2015 with significant changes in Italian law in matter of divorce: apart from shortening of the period of obligatory separation (6 months for consensual separations and 1 year for contested ones from the previous 3 years), other forms of getting a divorce are allowed – as an alternative to court proceedings, i.e. the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office.<ref>{{cite web |url=http://www.boccadutri.com/italian-divorce/ |title=Italian Divorce and Separation Law &#124; Boccadutri International Law Firm |website=Boccadutri.com |date=2016-05-05 |access-date=2017-05-13 |archive-url=https://web.archive.org/web/20170517013139/http://www.boccadutri.com/italian-divorce/ |archive-date=2017-05-17 |url-status=live }}</ref> [[Austria]] by contrast is a European country where the divorce law still remains conservative.<ref>Note: in certain circumstances, such as where there is neither agreement of spouses nor 'fault', there is a need of a separation of between three and six years ([http://ec.europa.eu/civiljustice/divorce/divorce_aus_en.htm ec.europa.eu] {{Webarchive|url=https://web.archive.org/web/20140924172944/http://ec.europa.eu/civiljustice/divorce/divorce_aus_en.htm |date=2014-09-24 }}, {{cite web |url=http://ceflonline.net/wp-content/uploads/Austria-Divorce.pdf |title=Austria - Divorce |website=Cefonline.net |access-date=2014-09-23 |archive-url=https://web.archive.org/web/20141220192757/http://ceflonline.net/wp-content/uploads/Austria-Divorce.pdf |archive-date=2014-12-20 |url-status=dead }})</ref>

The [[magisterium]] of the Roman Catholic Church founds the concept of marriage on [[Natural law#Christianity|natural moral law]], elaborated by St. [[Thomas Aquinas]], supplemented by the revealed [[Divine law]]. The doctrine of the [[Doctor of the Church|Doctor Angelicus]] has been partially shared by the [[Eastern Orthodox Church]] in the course of history.<ref>{{cite web |url=https://blogs.ancientfaith.com/orthodoxyandheterodoxy/2015/10/20/review-orthodox-readings-aquinas-marcus-plested/ |title=Review of 'Orthodox Readings of Aquinas' by Marcus Plested |website=ancientfaith.com |access-date=4 January 2019 |date=20 October 2015 |first=Dylan |last=Pahman |url-status=live |archive-url=https://web.archive.org/web/20181011053535/https://blogs.ancientfaith.com/orthodoxyandheterodoxy/2015/10/20/review-orthodox-readings-aquinas-marcus-plested/ |archive-date=11 October 2018 }}</ref>

==Law==
{{see also|Divorce law by country}}

===Types===
In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse. Grounds for divorce differs from jurisdiction to jurisdiction in the worldwide. Some states have [[no-fault divorce]]; some states require a declaration of fault on the part of one partner or both; some states allow either method.<ref>{{cite web|title=Divorce Magazine Grounds for Divorce|url=http://www.divorcemag.com/articles/grounds|access-date=2013-10-16|archive-url=https://web.archive.org/web/20130926153011/http://www.divorcemag.com/articles/grounds/|archive-date=2013-09-26|url-status=live}}</ref>

In most jurisdictions, a divorce must be certified or ordered by a Judge in a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately, while in other areas, agreements related to the marriage have to be rendered in writing to be enforceable. In the absence of agreement, a contested divorce may be stressful to the spouses.

In some countries,{{Where|date=November 2012}} when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.

====Contested divorce====
Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude.<ref name=DSA>{{cite web|url=http://divorcesupport.about.com/od/typesofdivorc1/p/contesteddiv.htm|title=Issues Surrounding a Contested Divorce|first=Cathy|last=Meyer|website=About.com|access-date=10 September 2013|archive-url=https://web.archive.org/web/20131113205852/http://divorcesupport.about.com/od/typesofdivorc1/p/contesteddiv.htm|archive-date=13 November 2013|url-status=live}}</ref> The judge controls the outcome of the case. Less adversarial approaches to [[divorce settlement]]s have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and has gained popularity.

====At-fault divorce====
Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible with the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. No-fault divorce is available in Australia, New Zealand, Canada, the United States and other Western countries.

Fault-based divorces can be contested; evaluation of offences may involve allegations of [[collusion]] of the parties working together to get the divorce, or [[condonation]] by approving the offence, [[connivance]]  by tricking someone into committing an offence, or [[provocation (legal)|provocation]] by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.<ref>{{cite web |publisher=San Antonio Divorce Center|title=Comparative Rectitude|url=http://divorcelawsanantonio.com/glossary/|url-status=usurped|archive-url=https://web.archive.org/web/20141029041744/http://divorcelawsanantonio.com/glossary/|archive-date=2014-10-29}}</ref>

The grounds for a divorce which a party could raise and need to prove included 
* desertion  
* abandonment (typically 1 year)
* cruelty
* habitual drunkenness
* drug addiction
* adultery

The requirement of proving a ground was revised and withdrawn by the terms of 'no-fault' statutes, which became popular in many Western countries in the late 1960s and early 1970s. In 'no-fault' jurisdictions divorce can be obtained either on a simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of {{nowrap|de facto}} separation.

====Summary divorce====
A summary or simple divorce, available in some jurisdictions{{which|date=January 2016}}, is used when spouses meet certain eligibility requirements or can agree on key issues beforehand.

Key factors:
* Short duration of marriage (less than five years)
* Absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount)
* Absence or minimal value of real property at issue and any associated encumbrances such as mortgages
* Absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles)
* Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital

==== No-fault divorce ====
Most Western jurisdictions have a [[no-fault divorce]] system, in which a divorce can be granted based only on the assertion by one of the parties that the marriage has broken down irretrievably, without any need for an allegation or proof of fault.<ref>{{cite web|title=No Fault Divorce Law & Legal Definition|url=http://definitions.uslegal.com/n/no-fault-divorce/|publisher=US Legal|access-date=3 June 2013|archive-url=https://web.archive.org/web/20130202125654/http://definitions.uslegal.com/n/no-fault-divorce/|archive-date=2 February 2013|url-status=live}}</ref> The application can be made by either party or by both parties jointly.

In jurisdictions adopting the no-fault principle, some courts may still take fault into account when determining some aspects of the terms of the divorce decree, for example, the division of property and debts and provision of spousal support. Some behaviors that may constitute marital fault, such as violence, cruelty, or substance abuse may also  be considered when determining child custody, but child custody judgements are made based on a different fundamental standard: the child's or children's best interests.

====Uncontested divorce====
A large percentage of divorce cases are "uncontested", meaning that the parties to the divorce are able to come to an agreement about the division of property, custody children, and support issues instead of having those issues decided by a judge.<ref>{{cite journal |last1=Kay |first1=Herma H. |title=An Appraisal of California's No-Fault Divorce Law |journal=California Law Review |date=1987 |volume=75 |issue=1 |pages=291–319 |doi=10.2307/3480581 |jstor=3480581 }}</ref><ref>{{cite journal |last1=Quek Anderson |first1=Dorcas |last2=Chua |first2=Eunice |last3=Ning |first3=Yilin |title=To negotiate, mediate or litigate? Examining the durability of divorce outcomes in the Singapore family courts |journal=Family Court Review |date=July 2022 |volume=60 |issue=3 |pages=434–457 |doi=10.1111/fcre.12661}}</ref><ref>{{cite book |editor1-last=Dijksterhuis |editor1-first=Bregje |editor2-last=Maclean |editor2-first=Mavis |editor3-last=Treloar |editor3-first=Rachel |title=What is a family justice system for? |date=2022 |publisher=Hart |location=Oxford ; New York |isbn=9781509950997 |page=160}}</ref> This is also known as mutual consent divorce or mutual divorce.<ref>{{cite web |title=Divorce by mutual consent |url=https://en.eustat.eus/documentos/elem_12679/definicion.html |website=Eustat |publisher=Instituto Vasco de Estadística |access-date=21 February 2025}}</ref> When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is typically granted.<ref>{{cite journal |last1=Wardle |first1=Lynn D. |title=No-Fault Divorce and the Divorce Conundrum |journal=Brigham Young University Law Journal |date=1991 |volume=1991 |issue=1}}</ref> Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties to come to an agreement prior to entering court.<ref>{{cite journal |last1=Galanter |first1=Marc |last2=Cahil |first2=Mia |title=Most Cases Settle: Judicial Promotion and Regulation of Settlements |journal=Stanford Law Review |date=1993 |volume=46 |page=1339|doi=10.2307/1229161 |jstor=1229161 }}</ref>

In the [[United States]], many [[state court (United States)|state court]] systems report that a significant number of divorce cases are filed ''[[pro se]]'', meaning that the parties to the divorce represent themselves without a lawyer. For example, courts in urban areas of California report that almost 80% of new divorces are filed ''pro se''.<ref name=trends>{{cite web |url=http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/HelpThemselves.pdf |title=Trends in Pro Se Litigation |website=Courtinfo.ca.gov |date=2019-02-11 |access-date=2010-06-07 |archive-url=https://web.archive.org/web/20100607133606/http://courtinfo.ca.gov/programs/cfcc/pdffiles/HelpThemselves.pdf |archive-date=2010-06-07 |url-status=live }}</ref>

====Collaborative divorce====
[[Collaborative divorce]] is a method for divorcing couples to come to an agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of [[Lawyer|attorneys]] who are trained in the collaborative divorce process and in mediation and often with the assistance of a neutral financial specialist or divorce coaches. The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.

Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the [[collaborative law]] process end prematurely. Most attorneys who practise collaborative divorce claim that it can be more cost-effective than other divorce methods, ''e.g.'', going to court.<ref>{{cite web |url=https://ncdivorcelaw.com/practice-areas/collaborative-law/ |title=NC Collaborative Law Attorneys |last=Williams |first=Miles |publisher=Williams Law Group |access-date=2014-11-13 |quote=Finally, the costs of the collaborative process can and should be substantially less than that of a traditional litigated case because the attorney's time will be minimized by not having to prepare a case for trial. |archive-url=https://web.archive.org/web/20141113184717/https://ncdivorcelaw.com/practice-areas/collaborative-law/ |archive-date=2014-11-13 |url-status=dead }}</ref>

====Electronic divorce====
[[Portugal]], for example, allows two persons to file an [[Computer file|electronic]] request for [[no-fault divorce|no-fault]] [[collaborative divorce]] in a non [[judiciary]] [[Administration (government)|administrative]] [[Legal entity|entity]]. In specific cases, with no [[children]], [[real property]], [[alimony]], or common address, can be completed within one hour.<ref>{{cite web |url=https://www.loc.gov/law/foreign-news/article/portugal-divorce-in-one-hour/ |title=Portugal: Divorce in One Hour - Global Legal Monitor |publisher=Library of Congress |access-date=2021-05-13 |archive-date=13 May 2021 |archive-url=https://web.archive.org/web/20210513204034/https://www.loc.gov/law/foreign-news/article/portugal-divorce-in-one-hour/ |url-status=live }}</ref><ref name="Emery">{{cite book|last1=Emery|first1=Robert E.|title=Cultural Sociology of Divorce : An Encyclopedia|date=2013|publisher=SAGE Reference|location=Thousand Oaks, Calif.|isbn=978-1412999588|page=416}}</ref><ref>{{cite web | title=Portugal cria o divórcio pela Internet – ANOREG | website=ANOREG | date=14 October 2008 | url=https://www.anoreg.org.br/site/imported_11942/ | language=pt | access-date=August 15, 2023}}</ref>

====Mediated divorce====
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties 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. Mediation sessions can include either party's attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Some mediation companies, such as Wevorce, also pair clients with counselors, financial planners and other professionals to work through common mediation sticking points.<ref>{{cite news|last=Kelleher|first=Susan|title=Couples can divorce without drama: Beyond the hurt, anger and fear|url=http://seattletimes.com/html/living/2021609531_gooddivorce0901xml.html|access-date=10 September 2013|date=30 August 2013|url-status=dead|archive-url=https://archive.today/20130910174736/http://seattletimes.com/html/living/2021609531_gooddivorce0901xml.html|archive-date=10 September 2013}}</ref> Divorce mediators may be attorneys who have experience in divorce cases, or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.{{Citation needed|date=May 2023}}

==Polygamy and divorce==
[[Polygamy]] is a significant structural factor governing divorce in countries where this is permitted. There is little analysis of the link between marital instability and polygyny that leads to divorce. The frequency of divorce rises in polygynous marriages compared to monogamous relationships. Within polygynous unions, differences in conjugal stability are found to occur by wife order. There are three main mechanisms through which polygyny affects divorce: economic restraint; sexual satisfaction; childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.<ref>{{cite journal |title=The Polygyny Divorce Relationship|jstor=353060 |pages=285–292 |last1=Gage-Brandon |first1=A. J. |volume=54 |issue=2 |journal=Journal of Marriage and Family |year=1992 |doi=10.2307/353060}}</ref>

[[File:Just divorced.jpg|right|thumb|"JUST DIVORCED!" hand-written on an automobile's rear window.]]

==Religion and divorce==
{{Main|Religion and divorce}}

{{CSS image crop
|Image         = Samuel D. Ehrhart - An International High Noon Divorce (1906).jpg
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|Description   = Cartoon parodying the circus-like divorce proceedings of [[Anna Gould]] (an American [[Inheritance|heiress]] and [[socialite]]) and [[Boni de Castellane]] (a French [[nobleman]])<ref>{{cite book |url=https://books.google.com/books?id=-G8vAQAAMAAJ |page=181 |title=Bancroft's Americans in London |year=1904 |publisher=American Directory Publishing Company |access-date=2018-09-22 |archive-url=https://web.archive.org/web/20180922173708/https://books.google.co.uk/books?id=-G8vAQAAMAAJ |archive-date=2018-09-22 |url-status=live }}</ref> in 1906 in [[Paris]], France.<ref>{{cite web |url=https://www.loc.gov/resource/ppmsca.26038/ |publisher=[[Library of Congress]] |title=An international high noon divorce / Ehrhart |access-date=2018-09-22 |archive-url=https://web.archive.org/web/20180922173633/https://www.loc.gov/resource/ppmsca.26038/ |archive-date=2018-09-22 |url-status=live }}</ref> Boni de Castellane then sought an annulment from the [[Holy See|Vatican]] so that he could be free to remarry in the Church. The annulment case was not finally settled until 1924, when the highest Vatican tribunal upheld the validity of the marriage and denied the annulment.
|Alt           = Samuel D. Ehrhart's "An International High Noon Divorce"
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In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a [[civil marriage]] and thus, civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state's definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation.

[[Divorce in Islam|Islam allows]], yet generally advises against divorce, and [[Divorce in Islam|it can be initiated by either the husband or the wife]].<ref>{{cite web|url=http://www.mwlusa.org/topics/marriage&divorce/divorce.html|title=Islamic Perspective on Divorce|website=Mwlusa.org|access-date=2019-09-24|archive-url=https://web.archive.org/web/20190304141319/http://www.mwlusa.org/topics/marriage%26divorce/divorce.html|archive-date=2019-03-04|url-status=dead}}</ref>

[[Christian views on divorce]] vary: [[Catholic teaching]] allows only [[Annulment (Catholic Church)|annulment]], while most other denominations discourage it except in the event of adultery.

[[Jewish views on marriage|Jewish views of divorce]] differ, with [[Reform Judaism]] considering civil divorces adequate; [[Conservative Judaism|Conservative]] and [[Orthodox Judaism]], on the other hand, require that the husband grant his wife a divorce in the form of a ''[[Get (divorce document)|get]]''.

[[Millet (Ottoman Empire)|The Millet System]], where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post−Ottoman countries including Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority and Egypt. Several countries use [[sharia]] (Islamic law) to administrate marriages and divorces for Muslims. Thus, [[Marriage in Israel]] is administered separately by each religious community (Jews, Christians, Muslims, and Druze), and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either in [[rabbinical court]] or Israeli civil court.<ref name="npr" />

==Gender and divorce==
According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States.<ref>
{{Cite journal|last=Brinig|first=Margaret|author2=Douglas W. Allen|year=2000|title=These Boots Are Made for Walking: Why Most Divorce Filers are Women|journal=American Law and Economics Review|volume=2|issue=1|pages=126–129|doi=10.1093/aler/2.1.126}}</ref> This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales 2012"<ref>{{cite web|url=http://www.ons.gov.uk/ons/rel/vsob1/divorces-in-england-and-wales/2012/index.html|title=Divorces in England and Wales, 2012 |publisher=Office for National Statistics |access-date=2014-08-12|archive-url=https://web.archive.org/web/20140812202536/http://www.ons.gov.uk/ons/rel/vsob1/divorces-in-england-and-wales/2012/index.html|archive-date=2014-08-12|url-status=live}}</ref> which reported that divorce petitions from women outnumber those from men by 2 to 1.

Regarding divorce settlements, according to the 2004 Grant Thornton survey in the UK, women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50–50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The report concluded that the percentage of [[shared residency in English law|shared residence]] orders would need to increase in order for more equitable financial divisions to become the norm.<ref name="gt" />{{Update needed|date=October 2025}}

Some jurisdictions give unequal rights to men and women when filing for divorce.{{citation needed|date=December 2013}}

For couples following Conservative or Orthodox Jewish law (which by [[Marriage in Israel|Israeli civil law]] includes all Jews in Israel), the husband must grant his wife a divorce through a document called a ''[[get (divorce document)|get]]''. Granting the 'get' obligates him to pay the woman a significant sum of money (10,000-$20,000) as stated on the religious prenuptial contract, which can be in addition to whatever prior settlement he had reached as far as continuous child support and funds he had to pay by court order in the civil divorce. If the man refuses (agreeing on condition he will not have to pay the money is still called refusing), the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or a woman whose husband is missing without sufficient knowledge that he died, called an [[agunah]], is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered ''[[mamzer]]im'' and cannot marry non-''mamzerim''.<ref name="npr">{{cite web|url=https://www.npr.org/templates/transcript/transcript.php?storyId=125673859|title=Under Israel's Divorce Laws, Men Get The Final Word|publisher=[[NPR]]|access-date=2010-05-24|date=2010-04-07|archive-url=https://web.archive.org/web/20100417171807/http://www.npr.org/templates/transcript/transcript.php?storyId=125673859|archive-date=2010-04-17|url-status=live}}</ref>

==Causes==
In the western world as a whole, two thirds of divorces are initiated by women.<ref>{{cite book |last1=Arndt |first1=Bettina |title=The Sex Diaries : Why Women Go Off Sex and Other Bedroom Battles |date=2009 |publisher=Melbourne University Press |isbn=978-0522855555 |page=41 |quote=In countries across the Western world, women are the ones who make the decision to leave in two thirds of all marriages.}}</ref> In the United States, 69% of divorces are initiated by women and this may be due to higher sensitivity to relationship difficulties.<ref>{{cite web |title=Women More Likely Than Men to Initiate Divorces, But Not Non-Marital Breakups |url=https://www.asanet.org/women-more-likely-men-initiate-divorces-not-non-marital-breakups/ |website=American Sociological Association |date=August 22, 2015}}</ref> 66% of all divorces occur in couples without children.<ref>{{Cite web |date=2011-08-01 |title=The Dirty Little Secret About Childless Couples |url=https://www.huffpost.com/entry/are-childfree-couples-doo_b_913051 |access-date=2024-11-26 |website=HuffPost |language=en}}</ref> An annual study in the UK by management consultants [[Grant Thornton]], estimates the main [[proximate cause]]s of divorce based on surveys of matrimonial lawyers.<ref name="gt">{{cite web|url=http://seidellaw.com/top-causes-of-divorce|title=Top Causes of Divorce: San Fernando Valley Divorce Attorney Joel S. Seidel|website=Seidellaw.com|url-status=dead|archive-url=https://web.archive.org/web/20140203011740/http://seidellaw.com/top-causes-of-divorce|archive-date=2014-02-03}}</ref>  The main causes in 2004 were:
*[[Adultery]] – 27%
*Family strains (e.g., from the inlaws) – 18%
*[[Domestic violence]] – 17%
*[[Midlife crisis]] – 13%
*[[Addiction]]s, e.g. [[alcoholism]] and [[Problem gambling|gambling]] – 6%
*[[Workaholic|Workaholism]] – 6%
*Other factors – 13%

According to this survey, husbands engaged in extramarital affairs in 75% of cases, and wives in 25%. In cases of family strain, wives' families were the primary source of strain in 78%, compared to 22% of husbands' families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.

Social scientists study the causes of divorce in terms of underlying factors that may motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner.<ref name="red-v-blue">{{cite web |date=2010-05-09 |title=Red Families Vs. Blue Families |url=https://www.npr.org/templates/story/story.php?storyId=126653602 |url-status=live |archive-url=https://web.archive.org/web/20100513061833/http://www.npr.org/templates/story/story.php?storyId=126653602 |archive-date=2010-05-13 |access-date=2010-05-22 |publisher=[[NPR]]}}</ref><ref>{{cite journal |last1=Becker |first1=Gary S. |last2=Landes |first2=Elizabeth |last3=Michael |first3=Robert |year=1977 |title=An Economic Analysis of Marital Instability |journal=Journal of Political Economy |volume=85 |issue=6 |pages=1141–88 |doi=10.1086/260631 |s2cid=53494363 }}</ref>

Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists.<ref>Gary S. Becker (1981,1991). ''A Treatise on the Family'', [[Harvard University Press]], {{ISBN|0-674-90698-5}}</ref><ref>Shoshana Grossbard-Shechtman,1993. On the Economics of Marriage – A Theory of Marriage, Labor and Divorce. Boulder, CO: Westview Press.</ref>  Couples with a high [[household income]] are less likely to divorce than poor couples.<ref name="Francis-Tan-Mialon-2014">{{Cite report |url=https://www.csus.edu/faculty/m/fred.molitor/docs/wedding%20expenses%20and%20marriage%20duration1.pdf |title='A Diamond is Forever' and Other Fairy Tales: The Relationship between Wedding Expenses and Marriage Duration |last1=Francis-Tan |first1=Andrew |last2=Mialon |first2=Hugo M. |date=2014-09-15 |doi=10.2139/ssrn.2501480 |location=Rochester, NY |language=en |ssrn=2501480 |s2cid=44741655}}</ref>

Other personal factors, such as attending religious services regularly and having at least one child together, also reduce the risk of divorce.<ref name="Francis-Tan-Mialon-2014" />

Other factors include the [[wedding]] itself:  Spending relatively little money on the wedding, but having a relatively high number of guests in attendance (e.g., 50 or more people) and going on a [[honeymoon]] trip, is associated with a lower risk of divorce.<ref name="Francis-Tan-Mialon-2014" />  High-cost weddings may strain marriages by causing [[debt stress]].<ref name="Francis-Tan-Mialon-2014" />

=== Cohabitation effect ===
The elevation of divorce rates among couples who [[Cohabitation|cohabited]] before marriage is called the "cohabitation effect". Evidence suggests that although [[Correlation does not imply causation|this correlation is partly due to two forms of selection]] (''a'') that persons whose moral or religious codes permit cohabitation are also more likely to consider divorce permitted by morality or religion and (''b'') that marriage based on low levels of commitment is more common among couples who cohabit than among couples who do not, such that the mean and median levels of commitment at the start of marriage are lower among cohabiting than among non-cohabiting couples), the cohabitation experience itself exerts at least some independent effect on the subsequent marital union.<ref>{{Cite journal |last1=Manning |first1=W. D. |last2=Cohen |first2=J. A. |doi=10.1111/j.1741-3737.2012.00960.x |title=Premarital Cohabitation and Marital Dissolution: An Examination of Recent Marriages |journal=Journal of Marriage and Family |volume=74 |issue=2 |pages=377–387 |year=2012 |pmid=23129875 |pmc=3487709 }}</ref>

In 2010, a study by Jay Teachman published in ''[[Journal of Marriage and Family]]'' found that women who have cohabited or had premarital sex with men other than their husbands have an increased risk of divorce and that this effect is strongest for women who have cohabited with multiple men before marriage. To Teachman, the fact that the elevated risk of divorce is only experienced when the premarital partner(s) is someone other than the husband indicates that premarital sex and cohabitation are now a normal part of the courtship process in the United States.<ref>Teachman, Jay, "[http://onlinelibrary.wiley.com/doi/10.1111/j.1741-3737.2003.00444.x/abstract Premarital Sex, Premarital Cohabitation, and the Risk of Subsequent. Marital Dissolution Among Women] {{Webarchive|url=https://web.archive.org/web/20150815052942/http://onlinelibrary.wiley.com/doi/10.1111/j.1741-3737.2003.00444.x/abstract |date=2015-08-15 }}", ''[[Journal of Marriage and Family]]'', September 2010</ref> This study only considers data on women in the 1995 National Survey of Family Growth in the United States. Divorce is sometimes caused by one of the partners finding the other [[unattractive]].<ref>Bell, Inge Powell. "The double standard". Trans-action 8.1-2 (1970): 75-80.</ref>

Recent studies show that the cohabitation effect on divorce varies across different cultures and periods. Another article published in ''[[Journal of Marriage and Family]]'' found that when cohabitation was uncommon in pre-reform China, premarital cohabitation increased the likelihood of subsequent divorce, but this association disappeared when cohabitation became prevalent.<ref>{{cite journal |last1=Zhang |first1=Yongjun |year=2017 |title=Premarital Cohabitation and Marital Dissolution in Postreform China |url=https://onlinelibrary.wiley.com/doi/full/10.1111/jomf.12419 |journal=Journal of Marriage and Family |volume=79 |issue=5 |pages=1435–1449 |doi=10.1111/jomf.12419 |access-date=5 April 2021 |archive-date=17 April 2022 |archive-url=https://web.archive.org/web/20220417182335/https://onlinelibrary.wiley.com/doi/full/10.1111/jomf.12419 |url-status=live |url-access=subscription }}</ref>

=== Serious medical illnesses ===
Women are six times more likely to be separated or divorced soon after a diagnosis of [[cancer]] or [[multiple sclerosis]] than men.<ref>{{cite journal | last1=Glantz | first1=Michael J. | last2=Chamberlain | first2=Marc C. | last3=Liu | first3=Qin | last4=Hsieh | first4=Chung-Cheng | last5=Edwards | first5=Keith R. | last6=Van Horn | first6=Alixis | last7=Recht | first7=Lawrence | title=Gender disparity in the rate of partner abandonment in patients with serious medical illness | journal=Cancer | date=2009 | volume=115 | issue=22 | pages=5237–5242 | doi=10.1002/cncr.24577 | pmid=19645027 | url=https://doi.org/10.1002/cncr.24577 | url-access=subscription }}</ref> A review found a small decrease of divorce rate associated with most cancer types, but stated [[Methodology|methodological]] weakness for many published studies which studied the association between divorce and cancer.<ref>{{cite journal | last1=Fugmann | first1=Dominik | last2=Boeker | first2=Martin | last3=Holsteg | first3=Steffen | last4=Steiner | first4=Nancy | last5=Prins | first5=Judith | last6=Karger | first6=André | title=A Systematic Review: The Effect of Cancer on the Divorce Rate | journal=Frontiers in Psychology | date=2022 | volume=13 | article-number=828656 | doi=10.3389/fpsyg.2022.828656 | pmid=35356338 | doi-access=free | pmc=8959852 }}</ref>

==Effects==
Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than non-divorced families.<ref name="Family, Consumer 2003">School of Family, Consumer, and Nutrition Sciences (Miller, 2003)</ref>

===Divorce and relationships===
Research done at [[Northern Illinois University]] on Family and Child Studies suggests that divorce of couples experiencing high conflict can positively affect families by reducing conflict in the home. There are, however, many instances when the parent-child relationship may suffer due to divorce. Financial support is many times lost when an adult goes through a divorce. The adult may be obligated to obtain additional work to maintain financial stability. This can lead to a negative relationship between the parent and child; the relationship may suffer due to a lack of attention towards the child and minimal parental supervision.<ref name="Family, Consumer 2003"/>

Studies have also shown that parental skills decrease after a divorce occurs; however, this effect is only a temporary change. "Many researchers have shown that a disequilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re-stabilization has occurred and parenting skills have improved."<ref>{{cite book|author=Santrock, John W. |title=Adolescence|url=https://archive.org/details/adolescence2003sant |url-access=registration |pages=[https://archive.org/details/adolescence2003sant/page/147 147–81]|date=2003}}</ref>

Some couples choose divorce even when one spouse's desire to remain married is greater than the other spouse's desire to obtain a divorce. In economics, this is known as the [[Zelder Paradox]] and is more familiar with marriages that have produced children and less common with childless couples.<ref name="Zelder1993">{{cite journal |last1=Zelder |first1=Martin |year=1993 |title=Inefficient Dissolutions as a Consequence of Public Goods: The Case of No-Fault Divorce |journal=Journal of Legal Studies |volume=XXII |issue=2 |pages=503–520 |doi=10.1086/468174 |s2cid=153426324 }}</ref>

Research has also found that recent divorcees report significantly higher hostility levels after the divorce than before, and that this effect applies equally to both male and female divorcees.<ref>{{Cite journal|last1=Kjeld|first1=Simone G.|last2=Strizzi|first2=Jenna M.|last3=Øverup|first3=Camilla S.|last4=Cipric|first4=Ana|last5=Sander|first5=Søren|last6=Hald|first6=Gert M.|date=2020|title=Friend or foe? Postdivorce hostility among recently divorced individuals|url=https://onlinelibrary.wiley.com/doi/abs/10.1002/ab.21918|journal=Aggressive Behavior|language=en|volume=46|issue=6|pages=523–534|doi=10.1002/ab.21918|pmid=32710485|s2cid=225438333|issn=1098-2337|access-date=15 October 2020|archive-date=19 October 2020|archive-url=https://web.archive.org/web/20201019132042/https://onlinelibrary.wiley.com/doi/abs/10.1002/ab.21918|url-status=live|url-access=subscription}}</ref>

In an [[American Psychological Association]] study of parents' relocation after a divorce, researchers found that a move has a long-term effect on children. In the first study conducted amongst 2,000 college students on the effects of parental relocation relating to their children's well-being after divorce, researchers found major differences. In divorced families in which one parent moved, the students received less financial support from their parents compared with divorced families in which neither parent moved. These findings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. Although the data suggests negative outcomes for these students whose parents relocate after divorce, there is insufficient research that can alone prove the overall well-being of the child<ref>{{cite web |url=http://www.apa.org/monitor/sep03/parents.aspx |title=September 2003, Vol 34, No. 8 Print version: page 18 |publisher=American Psychological Association |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120516001441/http://www.apa.org/monitor/sep03/parents.aspx |archive-date=2012-05-16 |url-status=live }}</ref> A newer study in the ''Journal of Family Psychology'' found that parents who move more than an hour away from their children after a divorce are much less well off than those parents who stayed in the same location<ref>{{cite web |editor=Nadine J. Kaslow |url=http://www.apa.org/pubs/journals/fam/index.aspx |title=Nadine J. Kaslow (Vol. 17, No. 2) |publisher=American Psychological Association |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120414121651/http://www.apa.org/pubs/journals/fam/index.aspx |archive-date=2012-04-14 |url-status=live }}</ref>

===Effects on children===
{{See also|Effects of divorce}}
[[File:The impact of divorce on children Tamara D. Afifi at TEDxUCSB.webm|thumb|The impact of divorce on children - Tamara D. Afifi at a TED talk]]
Research has shown that children are greatly affected by the disunion of their parents' marriage. In most cases these effects are displayed in academic strain, difficulty in regulating mood and emotions, and a tendency to find outlets in harmful substances or activities such as drugs, alcohol, and violence.<ref>{{cite journal|pmid=30600636 |date=2019 |last1=d'Onofrio |first1=B. |last2=Emery |first2=R. |title=Parental divorce or separation and children's mental health |journal=World Psychiatry |volume=18 |issue=1 |pages=100–101 |doi=10.1002/wps.20590 |pmc=6313686 }}</ref>

====Academic and socioeconomic====
Frequently, children who have experienced a parental divorce have lower academic achievement than children from non-divorced families<ref>{{cite journal |last1=Wolchik |first1=S. A. |display-authors=etal |year=2002 |title=''et. al''. (2002) "Six-Year Follow-up of Preventive Interventions for Children of Divorce |journal=Journal of the American Medical Association |volume=288 |issue=15 |pages=1874–1881 |doi=10.1001/jama.288.15.1874 |pmid=12377086 |doi-access= }}</ref>
A review of family and school factors related to adolescents' academic performance noted that a child from a divorced family is two times more likely to drop out of high school than a child from a non-divorced family. These children from divorced families may also be less likely to attend college, resulting in the end of their academic career.<ref>Rodgers, Kathleen B, and Rose, Hillary A. Personal, Family, and School Factors Related to Adolescents' Academic Performance: A Comparison by Family Structure". ''Marriage & Family Review''. V33 n4. pp 47–61. 2001.</ref>

Often academic problems are associated with children from [[single-parent]] families. Studies have shown that this may be directly related to the economic effect of divorce. A divorce may result in the parent and children moving to an area with a higher poverty rate and a poor education system, because of the financial difficulties of a single parent.<ref>Santrock, John W. Adolescence. pp 147–81. 200</ref>

Children of divorced parents also on average achieve lower levels of socioeconomic status, income, and wealth accumulation than children of parents who remain married. These outcomes are associated with lower educational achievement.<ref name="Amato"/>

Young men or women between the ages of 7 and 16 who had experienced the divorce of their parents were more likely than youths who had not experienced the divorce of their parents to leave home because of friction, to cohabit before marriage, and to parent a child before marriage.<ref>{{cite book|last1=Cherlin|first1=AJ|title=Marriage, Divorce, and Remarriage|url=https://archive.org/details/marriagedivorcer00cher|url-access=registration|date=1992|publisher=Harvard University Press|location=Cambridge, MA|page=[https://archive.org/details/marriagedivorcer00cher/page/142 142]|isbn=9780674550827}}</ref>

Divorce often leads to worsened academic achievement in children ages 7–12, the most heightened negative effect being reading test scores. These negative effects tend to persist, and even escalate after the divorce or separation occurs.<ref name="Children 2014"/>

====Psychological====
Divorce is associated with diminished psychological well-being in children and adult offspring of divorced parents, including greater unhappiness, less satisfaction with life, weaker sense of personal control, anxiety, depression, and greater use of [[mental health]] services. A preponderance of evidence indicates that there is a causal effect between divorce and these outcomes.<ref name="Amato">{{cite journal |last1=P. R. |first1=Amato |last2=Sobolewski |first2=J. M. |year=2001 |title=The effects of divorce and marital discord on adult children's psychological well-being |journal=[[American Sociological Review]] |volume=66 |issue=6 |pages=900–921 |jstor=3088878 |doi=10.2307/3088878 |url=http://grammar.ucsd.edu/courses/hdp1/Readings/Amato-Sobolewski-2001.pdf |access-date=9 August 2013 |archive-url=https://web.archive.org/web/20141117075714/http://grammar.ucsd.edu/courses/hdp1/Readings/Amato-Sobolewski-2001.pdf |archive-date=17 November 2014 |url-status=live }}</ref>

A study in [[Sweden]] led by the Centre for Health Equity Studies (Chess) at Stockholm University/Karolinska Institutet, is published in the ''Journal of Epidemiology & Community Health'' found that children living with just one parent after divorce suffer from more problems such as headaches, stomach aches, feelings of tension and sadness than those whose parents share custody.<ref>{{cite web|title=Kids living with 1 divorced parent 'fall ill more'|url=http://www.scotsman.com/news/health/kids-living-with-1-divorced-parent-fall-ill-more-1-3756165#axzz3qby7gbRm |website=The Scotsman |access-date=2015-11-05|archive-url=https://web.archive.org/web/20150814191956/http://www.scotsman.com/news/health/kids-living-with-1-divorced-parent-fall-ill-more-1-3756165#axzz3qby7gbRm|archive-date=2015-08-14|url-status=live}}</ref>

Children of divorced parents are also more likely to experience conflict in their own marriages, and are more likely to experience divorce themselves. They are also more likely to be involved in short-term cohabiting relationships, which often dissolve before marriage.<ref name="Amato"/> There are many studies that show proof of an intergenerational transmission of divorce, but this does not mean that having divorced parents will absolutely lead a child to divorce. There are two key factors that make this transmission of divorce more likely. First, inherited biological tendencies or genetic conditions may predispose a child to divorce as well as the "model of marriage" presented by the child's parents.<ref>{{Cite book|title=Cultural Sociology of Divorce; An Encyclopedia|last=Emery|first=Robert|publisher=Sage Reference|year=2013|isbn=978-1-4129-9958-8|pages=30–31}}</ref>

According to [[Nicholas Wall (judge)|Nicholas Wall]], former [[President of the Family Division]] of the [[High Court of Justice|English High Court]], "People think that post-separation parenting is easy&nbsp;– in fact, it is exceedingly difficult, and as a rule of thumb my experience is that the more intelligent the parent, the more intractable the dispute. There is nothing worse, for most children, than for their parents to denigrate each other. Parents simply do not realize the damage they do to their children by the battles they wage over them. Separating parents rarely behave reasonably, although they always believe that they are doing so, and that the other party is behaving unreasonably."<ref>{{cite news|publisher=[[BBC News]]|title=Divorcing parents can 'damage' children, says judge|date=21 September 2010|last=Sellgren|first=Katherine|url=https://www.bbc.co.uk/news/education-11380470|access-date=21 July 2018|archive-url=https://web.archive.org/web/20190518131541/https://www.bbc.co.uk/news/education-11380470|archive-date=18 May 2019|url-status=live}}</ref>

Children involved in high-conflict divorce or custody cases can experience varying forms of psychological distress due to conflict between their parents.<ref>{{cite journal |last1=Nichols |first1=Allison M. |title=Toward a Child-Centered Approach to Evaluating Claims of Alienation in High-Conflict Custody Disputes |journal=University of Michigan Law Review |date=February 2014 |volume=112 |issue=4 |pages=663–688 |pmid=24446573 |url=https://repository.law.umich.edu/mlr/vol112/iss4/4/ |access-date=24 October 2019 |archive-date=24 October 2019 |archive-url=https://web.archive.org/web/20191024183749/https://repository.law.umich.edu/mlr/vol112/iss4/4/ |url-status=live }}</ref> Legal professionals recognize that alienating behaviors are common in child custody cases, but are cautious about accepting the concept of [[parental alienation]].<ref name=Bow2009>{{cite journal |last1=Bow |first1=James N. |last2=Gould |first2=Jonathan W. |last3=Flens |first3=James R. |title=Examining Parental Alienation in Child Custody Cases: A Survey of Mental Health and Legal Professionals |journal=The American Journal of Family Therapy |date=9 March 2009 |volume=37 |issue=2 |pages=127–145 |doi=10.1080/01926180801960658|s2cid=45543509 }}</ref>

Research shows that children can be affected 2–4 years before the separation or divorce even occurs. This can be due to parental conflict and anticipation of a divorce, and decreased parental contact. Many couples believe that by separating, or becoming legally divorced that they are helping their children, and in situations of extreme parental conflict or abuse it most likely will be beneficial.<ref name="Children 2014">{{cite journal |last1=Arkes |first1=Jeremy |year=2014 |title=The Temporal Effects of Divorces and Separations on Children's Academic Achievement and Problem behavior |journal=Journal of Divorce and Remarriage |volume=56 |issue=1 |pages=25–42 |doi=10.1080/10502556.2014.972204 |pmc=4286357 |pmid=25580066}}</ref>

Exposure to marital conflict and instability, most often has negative consequences for children. Several mechanisms are likely to be responsible. First, observing overt conflict between parents is a direct stressor for children.<ref>{{cite journal|last1=Dennison|first1=R. P.|last2=Koerner|first2=S. S.|title=Post-divorce interparental conflict and adolescents' attitudes about marriage: The influence of maternal disclosures and adolescent gender|journal=Journal of Divorce & Remarriage|date=2006|volume=45|issue=1–2|pages=31–49|doi=10.1300/j087v45n01_02|s2cid=146436339}}</ref> Observational studies reveal that children react to inter-parental conflict with fear, anger, or the inhibition of normal behavior. Preschool children&nbsp;– who tend to be egocentric&nbsp;– may blame themselves for marital conflict, resulting in feelings of guilt and lowered self-esteem. Conflict between parents also tends to spill over and negatively affect the quality of parents' interactions with their children. Researchers found that the associations between marital conflict and children's externalizing and internalizing problems were largely mediated by parents' use of harsh punishment and parent–child conflict. Furthermore, modeling verbal or physical aggression, parents "teach" their children that disagreements are resolved through conflict rather than calm discussion. As a result, children may not learn the social skills (such as the ability to negotiate and reach compromises) that are necessary to form mutually rewarding relationships with peers.<ref>Amato, Paul R., Jacob E. Cheadle. "Parental Divorce, Marital Conflict and Children's Behavior Problems: A Comparison of Adopted and Biological Children". ''Divorce, Conflict and Child Behavior Problem'' 86.3 (2008): 1140–1161. Business Source Premier. Web. 23 November 2013</ref>

Girls and boys deal with divorce differently. For instance, girls who initially show signs of adapting well, later suffer from anxiety in romantic relationships with men. Studies also showed that girls who were separated from their fathers at a younger age tended to be angrier toward the situation as they aged. Anger and sadness were also observed as common feelings in adolescents who had experienced parental divorce.<ref>{{cite journal |last1=Rappaport |first1=Sol R |year=2013 |title=Deconstructing the Impact of Divorce on Children |journal=Family Law Quarterly |volume=47 |issue=3 |pages=353–77 }}</ref>

====Misconduct and substance abuse====

Children of divorced or separated parents exhibit increased behavioral problems and the marital conflict that accompanies parents' divorce places the child's social competence at risk. Children of divorced parents are more likely to search for outlets to cope with their emotions. For many struggling with social understanding and concepts of abuse or a lack of love in the home, drug abuse and general misconduct or violence are some of the indulgences that these children may be involved in.<ref>E. Eyo, Ubong (2018). Divorce: Causes and Effects on Children. Asian Journal of Humanities and Social Studies 6 (5).</ref>

<ref>{{cite web |url=http://www.thefamilywatch.org/doc/doc-0283-es.pdf |title=The Effects of Divorce on Children |last1=Fagan |last2=Churchill |first1=Patrick |first2=Aaron |date=January 11, 2012 |publisher=Marriage & Religion Research Institute|access-date=25 October 2016|url-status=dead|archive-url=https://web.archive.org/web/20151123052344/http://www.thefamilywatch.org/doc/doc-0283-es.pdf|archive-date=23 November 2015}}</ref>

=== Divorce of elderly couples ===
In the United States of America, since the mid-1990s, the divorce rate has increased to over 50% among [[baby boomer]]s. More and more seniors are staying single; an analysis of census data conducted at [[Bowling Green State University]] predicted that divorce numbers would continue to rise. Baby boomers who remain unmarried are five times more likely to live in poverty than those who are married. They are also three times as likely to receive food stamps, public assistance or disability payments.<ref name="nytimes.com">{{cite news |url=https://www.nytimes.com/2012/03/02/us/more-americans-rejecting-marriage-in-50s-and-beyond.html?_r=1 |newspaper=[[The New York Times]] |first=Rachel L. |last=Swarns |title=More Americans Rejecting Marriage in 50s and Beyond |date=2012-03-01 |access-date=2017-02-26 |archive-url=https://web.archive.org/web/20170626222606/http://www.nytimes.com/2012/03/02/us/more-americans-rejecting-marriage-in-50s-and-beyond.html?_r=1 |archive-date=2017-06-26 |url-status=live }}</ref>

Sociologists believe that the rise in the number of older Americans who are not married is a result of factors such as longevity and economics. Women, especially, are becoming more and more financially independent which allows them to feel more secure with being alone, in addition to changing perceptions of being divorced or single. This has resulted in less pressure for baby boomers to marry or stay married.<ref name="nytimes.com"/>

==Statistics==
{{Further|Divorce demography}}

===Asia===
==== China ====
China currently holds one of the highest divorce rates in the Asia Pacific region. Compared to 2000, China's divorce rates have gone up substantially from a 0.96 crude divorce rate to 3.09 rate in 2020.<ref name="china">{{Cite web |title=China: divorce rate |url=https://www.statista.com/statistics/279449/divorce-rate-in-china/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=5 April 2022 |archive-url=https://web.archive.org/web/20220405181709/https://www.statista.com/statistics/279449/divorce-rate-in-china/ |url-status=live }}</ref> While China's divorce rate has been increasing since 2000, the highest recorded crude divorce rate in the past 20 years was in 2019 with 3.36 divorces.<ref name="china" /> Since 2019, China's recorded divorce rate has gone down.

As of 2019, women initiate more than 70% of divorces in China.<ref>{{Cite book |last=Kennedy |first=John James |url=https://www.fulcrum.org/concern/monographs/vx021h696 |title=China as Number One? The Emerging Values of a Rising Power |date=2024 |publisher=[[University of Michigan Press]] |isbn=978-0-472-07635-2 |editor-last=Zhong |editor-first=Yang |series=China Understandings Today series |location=Ann Arbor, Michigan |chapter=Contained Emancipative Social Values: Waves of Conservative and Liberal Trends in China |format=EPUB |editor-last2=Inglehart |editor-first2=Ronald }}</ref>{{Rp|page=232}}

China has no-fault divorce which was implemented through the New Marriage Law in 1950. This allows individuals to divorce without showing any evidence of wrongdoing. China is one of the only Asian countries which permits no-fault divorce. {{citation needed|date=April 2022}}

As of January 2021, China introduced a new policy called the "cooling-off rule".  China, seeing the rise in divorce rates increasing on a yearly basis, the ''Marriage and Family Edition of Civil Code of the People's Republic of China'' secured an article 1077 establishing a mandatory cooling-off period, which has two requirements. First, on the day in which authorities have received the divorce applications, both parties can withdraw the registration within 30 days, and additionally to that, after 30 days are up, couples are required to physically apply for divorce certificate, and if they do not show up, the initial divorce application will be automatically perceived as withdrawn.<ref>{{Cite journal |last=Meng |first=Zeng |date=2021-07-15 |title=Research on China's Divorce Cooling-off Period System |url=https://francis-press.com/papers/4296#abstract |journal=The Frontiers of Society, Science and Technology |language=en |volume=3 |issue=4 |doi=10.25236/FSST.2021.030415 |s2cid=236448769 |access-date=22 August 2022 |archive-date=22 August 2022 |archive-url=https://web.archive.org/web/20220822233357/https://francis-press.com/papers/4296#abstract |url-status=live |doi-access=free }}</ref> This novel policy has been extremely controversial, where couples are required to wait for at least 30-days before they can commence a divorce. The 30-day cooling off period is created with the aim of generating more social stability, which avoids couples from making rushed or in-the-heat-of-the-moment emotionally-charged decisions. Family stability has always been culturally rooted in China, influenced by Confucian beliefs where the harmony of family brings the success of everything.<ref>{{Cite journal |author=Kwan Yiu Cheng |title=Between Calmness and Passion:Cooling-off Divorces in China |journal=American Journal of Comparative Law |volume=17 |issue=1 |year=2022 |pages=63 et seq |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/jrnatila17&div=9&id=&page= |access-date=2022-08-22 |via=heinonline.org |archive-date=11 November 2022 |archive-url=https://web.archive.org/web/20221111014931/https://heinonline.org/HOL/LandingPage?handle=hein.journals/jrnatila17&div=9&id=&page= |url-status=live }}</ref> A divorce can only be granted when couples have gone through a one-month long delay in order to make a decision.

Since the implementation of the cooling-off rule, China's Ministry of Civil Affairs discovered a sharp 72 per cent drop in divorce rates since the previous quarter.<ref>{{Cite web |website=Sixth Tone |date=17 May 2021 |title='Cool-Off Period' Greatly Lowered Divorce Rate, China Says |url=https://www.sixthtone.com/news/1007480/cool-off-period-greatly-lowered-divorce-rate%2C-china-says |access-date=2022-08-22 |language=en |archive-date=22 August 2022 |archive-url=https://web.archive.org/web/20220822233356/https://www.sixthtone.com/news/1007480/cool-off-period-greatly-lowered-divorce-rate,-china-says |url-status=live }}</ref> It would thus appear that, given the 30-day cooling-off period, many couples eventually change their minds, potentially supporting the argument that most divorce decisions are made irrationally and emotionally. Although this measure has helped to reduce divorce rates in the country, Chinese citizens have responded negatively to the cooling-off policy, especially in cases of domestic abuse. According to the ''China Digital Times'', a woman by the name of Kan Xiaofang was violently murdered by her husband during the 30-day cooling-off period after filing for divorce in 2021.<ref>{{Cite web |last=Rudolph |first=Josh |date=2021-01-24 |title=Translation: "The First Woman To Die by the Divorce 'Cooling-off Period'" |url=http://chinadigitaltimes.net/2021/01/translation-the-first-woman-to-die-by-the-divorce-cooling-off-period/ |access-date=2022-08-22 |website=China Digital Times (CDT) |language=en-US |archive-date=22 August 2022 |archive-url=https://web.archive.org/web/20220822233358/https://chinadigitaltimes.net/2021/01/translation-the-first-woman-to-die-by-the-divorce-cooling-off-period/ |url-status=live }}</ref> As a result of such incidents, the 30-day rule has angered Chinese feminists, who believe that the policy undermines the concept of freedom, and does not take into consideration of domestic violence, which runs commonly within Chinese households. With this policy being implemented relatively recently, many thus argue that the policy must be examined more deeply to analyze the consequences of delaying the divorce process.

====India====
India has one of the lowest divorce rates in the world with around 1% of marriages ending in divorce, mainly because divorce is still stigmatized and seen as taboo.

Divorce is governed by various acts in India, depending on the religion of the couple:
* The [[Hindu Marriage Act, 1955]]
* The [[Parsi Marriage and Divorce Act, 1936]]<ref>{{cite journal |title=Parsi Marriage and Divorce Act, 1936. |url=https://www.indiacode.nic.in/handle/123456789/2476|website=India Code |publisher=Legislative Department, Ministry of Law and Justice, Government of India |access-date=6 August 2023  |date=23 April 1936}}</ref>
* The [[Dissolution of Muslim Marriages Act, 1939]]
* The [[Special Marriage Act, 1954]]
* The [[Foreign Marriage Act, 1969]]
* The [[Indian Divorce Act, 1869]].<ref>{{cite journal |title=Divorce Act, 1869 |url=https://www.indiacode.nic.in/handle/123456789/2280|website=India Code |publisher=Legislative Department, Ministry of Law and Justice, Government of India |access-date=6 August 2023 |date=26 January 1869}}</ref>

==== Indonesia ====
In 2020 there were around 291,000 divorces recorded in Indonesia.<ref>{{Cite web |title=Indonesia: number of Muslim divorces 2020 |url=https://www.statista.com/statistics/705558/number-of-muslim-divorces-in-indonesia/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=5 April 2022 |archive-url=https://web.archive.org/web/20220405181709/https://www.statista.com/statistics/705558/number-of-muslim-divorces-in-indonesia/ |url-status=live }}</ref> These numbers are lower than the previous year – reportedly due to the pandemic and a longer dissolution process. Divorces are settled in religious courts, if they are Muslim, or through 'talaq' where a married man can pronounce divorce to his wife. There are six grounds of divorce, with an additional two for Muslim marriages, which include:<ref>{{Cite web |title=Expatriate Divorce In Indonesia - Family and Matrimonial - Indonesia |url=https://www.mondaq.com/divorce/754770/expatriate-divorce-in-indonesia |access-date=2022-04-05 |website=mondaq.com |archive-date=1 June 2022 |archive-url=https://web.archive.org/web/20220601131708/https://www.mondaq.com/divorce/754770/expatriate-divorce-in-indonesia |url-status=live }}</ref>

# One of the spouses has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or has other vices which are difficult to cure
# One of the spouses has deserted the other spouse for two consecutive years – without consent and without legitimate reasons
# One of the spouses has been sentenced to imprisonment for five years or more
# One of the spouses has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse
# One of the spouses has developed a disability or disease, preventing him or her from fulfilling the duties of husband or wife
# The spouses have irreconcilable differences as evidenced by frequent disagreements
# The husband has violated taklik talak (a promise that the husband expressly made and written onto the marriage certificate)
# One party converts from Islam to another faith

==== Iran ====
Iran introduced divorce quotas to break the rise in divorce rates amidst low marriage rates.<ref>{{Cite news |date=2022-09-23 |title=سهمیه بندی دستوری کاهش طلاق؛ افزایش آمار و دلایل اقتصادی، فرهنگی و جنسی - BBC News فارسی |newspaper=BBC News فارسی |url=https://www.bbc.com/persian/iran-features-51264049 |access-date=2023-06-08 |archive-date=23 September 2022 |archive-url=https://web.archive.org/web/20220923203844/https://www.bbc.com/persian/iran-features-51264049 |url-status=live}}</ref><ref>{{Cite web |title=ازدواج-اگر-آسان-نشود-کار-سخت-می-شود |url=https://www.irna.ir/news/85133573/%D8%A7%D8%B2%D8%AF%D9%88%D8%A7%D8%AC-%D8%A7%DA%AF%D8%B1-%D8%A2%D8%B3%D8%A7%D9%86-%D9%86%D8%B4%D9%88%D8%AF-%DA%A9%D8%A7%D8%B1-%D8%B3%D8%AE%D8%AA-%D9%85%DB%8C-%D8%B4%D9%88%D8%AF |access-date=2023-06-08 |website=www.irna.ir|date=8 June 2023 }}</ref> The law grants the female party easy divorce if there is a certified document showing lack of compatibility.<ref>{{Cite web |date=2014-01-05 |title=همه چیز درباره گواهی عدم امکان سازش |url=https://jamejamonline.ir/fa/news/632226 |access-date=2023-06-08 |website=jamejamonline.ir |language=fa}}</ref> In part because of economic conditions one in every three marriages resulted in divorce by 2021; the high rates are linked to the shifting status of women and empowerment of individuals.<ref>{{Cite web |title=چرا-آمار-طلاق-توافقی-بالا-رفته-است |url=https://www.irna.ir/news/84683200/%DA%86%D8%B1%D8%A7-%D8%A2%D9%85%D8%A7%D8%B1-%D8%B7%D9%84%D8%A7%D9%82-%D8%AA%D9%88%D8%A7%D9%81%D9%82%DB%8C-%D8%A8%D8%A7%D9%84%D8%A7-%D8%B1%D9%81%D8%AA%D9%87-%D8%A7%D8%B3%D8%AA |access-date=2023-06-08 |website=www.irna.ir|date=14 March 2022 }}</ref><ref>{{Cite web |title=The Drastic Increase of Divorce Rates in Iran: nearly one in three marriages lead to divorce |url=https://iranopendata.org/en/pages/the-drastic-increase-of-divorce-rates-in-iran-nearly-one-in-three-marriages-lead-to-divroce |access-date=2023-06-08 |website=Iran Open Data |date=18 August 2021 |language=en}}</ref><ref>{{Cite news |date=2014-10-22 |title=Rise in divorce in Iran linked to shift in status of women |language=en |work=Reuters |url=https://www.reuters.com/article/iran-divorce-idINKCN0IB0EL20141022 |access-date=2023-06-08}}</ref>

==== Japan ====
In Japan, divorces were on an upward trend from the 1960s until 2002 when they hit a peak of 290,000 divorces.<ref name="Japan: divorce number">{{Cite web |title=Japan: divorce number |url=https://www.statista.com/statistics/611929/japan-divorce-number/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=5 April 2022 |archive-url=https://web.archive.org/web/20220405181701/https://www.statista.com/statistics/611929/japan-divorce-number/ |url-status=live }}</ref> While divorce rates have increased since the 1900s, they have also slightly declined since 2002. In fact, in 2020 there were approximately 193,300 divorces.<ref name="Japan: divorce number"/> This is a significant decrease from the prior year, 2019, which recorded 208,489 divorces.<ref>{{Cite web |date=2020-07-07 |title=Marriage Statistics in Japan: Average Age of Couples Continues to Rise |url=https://www.nippon.com/en/japan-data/h00759/ |access-date=2022-04-05 |website=nippon.com |language=en |archive-date=5 June 2022 |archive-url=https://web.archive.org/web/20220605105633/https://www.nippon.com/en/japan-data/h00759/ |url-status=live }}</ref>

There are several types of divorces in Japan; Divorce by Agreement, Divorce by Conciliation, and Divorce by Judgement.&nbsp; Divorce by Agreement (rikon), occurs when both parties mutually agree to separate and do not need to go to court. This is the most common type of divorce in Japan. Divorce by Conciliation (chotei rikon) is sought out when individuals are unable to agree on terms or separate. Thus, these cases go to court in hope to come to a mutual agreement for both parties. Lastly, Divorce by Judgement (saiban rikon) occurs when individuals are unable to reach an agreement in court during conciliation. Divorce by judgement is uncommon in Japan.

==== Singapore ====
Singapore has a crude divorce rate of 1.7 divorce per 1,000 residents.<ref name="singstat.gov.sg">{{Cite web |title=Marital Status, Marriages and Divorces - Latest Data |url=http://www.singstat.gov.sg/find-data/search-by-theme/population/marital-status-marriages-and-divorces/latest-data |access-date=2022-04-05 |website=Base |language=en |archive-date=13 May 2022 |archive-url=https://web.archive.org/web/20220513113758/https://www.singstat.gov.sg/find-data/search-by-theme/population/marital-status-marriages-and-divorces/latest-data |url-status=live }}</ref> Singapore has seen a decrease in divorce rates compared to previous years. In fact, 2020 marks the lowest number of divorces recorded. In 2020, there were 6,700 divorces compared to 2015–2019, which recorded an average number of 7,536 marital dissolutions.<ref name="singstat.gov.sg"/> Additionally, most divorces were initiated by women.

Singapore requires the applicant to be married for three years before filing for divorce. That being said, if one has suffered exceptional hardship, they are eligible to file for divorce before the three years. Additionally, to get a divorce, there must be proof of an "irretrievable breakdown" of one of the four factors which include adultery, unreasonable behaviour, desertion and separation.<ref>{{Cite web |title=What are the Legal Grounds for Getting a Divorce? |url=https://singaporelegaladvice.com/law-articles/what-are-the-grounds-for-getting-a-divorce/ |access-date=2022-04-05 |website=SingaporeLegalAdvice.com |date=10 August 2018 |language=en-US |archive-date=1 June 2022 |archive-url=https://web.archive.org/web/20220601120818/https://singaporelegaladvice.com/law-articles/what-are-the-grounds-for-getting-a-divorce/ |url-status=live }}</ref>

==== South Korea ====
The crude divorce rate in South Korea in 2020 was 2.1.<ref>{{Cite web |title=South Korea: divorce rate 2018 |url=https://www.statista.com/statistics/642501/south-korea-divorce-rate/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=5 April 2022 |archive-url=https://web.archive.org/web/20220405181658/https://www.statista.com/statistics/642501/south-korea-divorce-rate/ |url-status=live }}</ref> Compared to prior years, the number of divorces recorded depicts that there are less filed divorces each year. Both the number of marriages and divorces decreased from 2019 by 10.7% and 3.9% respectively.<ref>{{Cite web |title=South Korea: number of divorces 2020 |url=https://www.statista.com/statistics/641517/south-korea-divorce-number/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=20 February 2022 |archive-url=https://web.archive.org/web/20220220094841/https://www.statista.com/statistics/641517/south-korea-divorce-number/ |url-status=live }}</ref>

The highest proportion of divorces in 2020 was amongst those who have been married for 20 years or more followed by those who have been married for four years or less.<ref>{{Cite web |title=Statistics Korea |url=http://kostat.go.kr/portal/eng/pressReleases/8/11/index.board?bmode=read&bSeq=&aSeq=389170&pageNo=1&rowNum=10&navCount=10&currPg=&searchInfo=&sTarget=title&sTxt= |access-date=2022-04-05 |website=kostat.go.kr |archive-date=1 June 2022 |archive-url=https://web.archive.org/web/20220601095434/http://kostat.go.kr/portal/eng/pressReleases/8/11/index.board?bmode=read&bSeq=&aSeq=389170&pageNo=1&rowNum=10&navCount=10&currPg=&searchInfo=&sTarget=title&sTxt= |url-status=live }}</ref> Such findings may suggest that divorce has become more socially accepted in South Korea and the stigma behind separating has lessened.

====Taiwan====
Taiwan's divorce rate in 2020 stood at 2.19 divorces per 1,000 residents.<ref>{{Cite web |title=Taiwan: divorce rate |url=https://www.statista.com/statistics/321430/taiwan-divorce-rate/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=5 April 2022 |archive-url=https://web.archive.org/web/20220405192312/https://www.statista.com/statistics/321430/taiwan-divorce-rate/ |url-status=live }}</ref> This is the lowest recorded divorce rate in the past 10 years. Many divorces in Taiwan are not done in court if there is a mutual agreement. If one of the parties does not consent to the divorce, then the other spouse may file for divorce under a valid reason of bigamy, infidelity, ill treatment or desertion. Before 2020, adultery in Taiwan was considered a crime and punishable by law.<ref>{{Cite web |date=2021-06-01 |title=Law banning adultery removed from Taiwan's criminal code |website=Taiwan News |url=https://www.taiwannews.com.tw/en/news/4214098 |access-date=2022-04-05 |archive-date=1 June 2022 |archive-url=https://web.archive.org/web/20220601141911/https://www.taiwannews.com.tw/en/news/4214098 |url-status=live }}</ref>

===Europe===
Divorce has increased across Europe in the past decade – the rate varies between European countries. One study estimated that legal reforms accounted for about 20% increase of the divorce rates in Europe between 1960 and 2002. In 2019, Luxembourg had the highest divorce rate per 100 marriages followed by Portugal, Finland, and Spain.<ref name="europe">{{Cite web |title=Europe: divorce rate by country |url=https://www.statista.com/statistics/612207/divorce-rates-in-european-countries-per-100-marriages/ |access-date=2022-04-05 |website=Statista |language=en |archive-date=5 April 2022 |archive-url=https://web.archive.org/web/20220405181704/https://www.statista.com/statistics/612207/divorce-rates-in-european-countries-per-100-marriages/ |url-status=live }}</ref> Countries in Europe with some of the lowest number of divorces per 100 marriages are Ireland and Malta.<ref name="europe" />

====Serbia====

On average, for every three new marriages in Serbia, one divorce occurs.<ref>{{cite web |url=https://advokatiubeogradu.rs/divorce-in-serbia/ |title=Marriage and Divorce in Serbia |publisher=Vladisavljevic Law Office - Advokat Beograd |date=2020-12-06 |access-date=2021-05-13 |archive-date=13 May 2021 |archive-url=https://web.archive.org/web/20210513200214/https://advokatiubeogradu.rs/divorce-in-serbia/ |url-status=live }}</ref> In 2019, 35,570 marriages were concluded in Serbia, 10,899 marriages were divorced, and the number of divorces  per 1,000 inhabitants was 1.6%.<ref>{{cite web |url=https://www.stat.gov.rs/sr-latn/oblasti/stanovnistvo/zakljuceni-i-razvedeni-brakovi/ |title=Concluded and Divorced Marriages in 2019 |publisher=Statistical Office of the Republic of Serbia |date=2020-07-10 |access-date=2021-05-13 |archive-date=8 May 2021 |archive-url=https://web.archive.org/web/20210508192014/https://www.stat.gov.rs/sr-latn/oblasti/stanovnistvo/zakljuceni-i-razvedeni-brakovi/ |url-status=live }}</ref>

====Sweden====
The divorce proceedings begin with an application for separation of marriage to the [[District courts of Sweden|district court]]. The application can be submitted by both parties jointly, if the spouses are in agreement, or individually by any of the parties, who do not have to agree to a divorce. Spouses who agree to a divorce, and do not have children under the age of 16, receive a judgment (decision) of divorce within a few weeks. If there are children under the age of 16 (including step children), the parties must wait 6 months before either, or both, parties may request completion of the divorce, in order to be formally separated in marriage. If the parties have lived apart for at least two  years before the application for separation of marriage, the district court may decide on a direct divorce.<ref>[https://lexly.se/fakta-och-rad/skilsmassa "Allt om skilsmässa." ''Lexly.''] Retrieved 2024-04-21.</ref>

Fifty percent of all marriages in Sweden end in a divorce. Marriages that ended in a divorce lasted an average of 11.7 years. The most common age for divorce is between 35 and 49. Couples without mutual children separate or divorce most frequently.<ref>[https://endbright.se/foretag/statistik-kring-skilsmassa-och-separation/ "Statistik kring skilsmässa och separation." ''Endbright.''] Retrieved 2024-04-21.</ref>

====United Kingdom====
{{main|Divorce in England and Wales|Divorce in Scotland}}

In 2015, the highest divorces rates in the UK were recorded all beside the sea{{explain|date=April 2024}}, with Blackpool in the top position. The UK divorce rate is estimated at 42% and in 2019, around 107,599 divorces were reported.<ref>{{Cite web |title=Divorces in England and Wales - Office for National Statistics |url=https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2019#main-points |access-date=2022-04-05 |website=ons.gov.uk |archive-date=7 April 2022 |archive-url=https://web.archive.org/web/20220407022502/https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2019#main-points |url-status=live }}</ref> The highest number of divorce applications are reportedly made on Divorce Day, which is always the first Monday of the new year.

===North America===
====United States====
{{Main|Divorce in the United States}}
The [[Divorce demography#Crude divorce rate|crude divorce rate]] in 2022 in the United States is 2.3 divorces. This is significantly lower than prior years, such as those in 2001 where 4.1 divorces were recorded. These recent findings suggest a downward trend of the number of people dissolving their marriage. However, divorce rates range from state to state.

The [[National Center for Health Statistics]] reports that wives, with children present, filed for divorce in approximately two-thirds of cases from 1975 to 1988 in the U.S. For example, 71.4% of the cases were filed by women in 1975 and 65% were filed by women in 1988. It is estimated that upwards of 95% of divorces in the U.S. are "uncontested", because the two parties are able to come to an agreement without a hearing (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues.

In 2000, the divorce rate reached its peak at 40% but has since slowly declined. In 2001, marriages between people of different faiths were three times more likely to get divorced than those of the same faith. In fact, in a 1993 study, members of two mainline Protestant religions had a 20% chance of being divorced in 5 years; a 33% for a Catholic and Evangelical, and a 40% chance for a Jew and a Christian.

Couples with different ethnicities and races also had distinctive divorce statistics. In 2008, a study by [[Jenifer L. Bratter]] and Rosalind B. King on the [[Education Resources Information Center]], found that unions between White males and non-White females as well as between Hispanics and non-Hispanic individuals, have similar or lower risks of divorce than White marriages. Unions between a White male and Black female last longer than White-White pairings or White-Asian pairings. Conversely, a White female with a Black male and White female with an Asian male are more prone to divorce than White-White pairings.

Additionally, as found in 2010, success in marriage has been associated with a higher education and older age. For example, 81% of college graduates who were over 26 years old, who wed in the 1980s, were still married 20 years later. Additionally, 65% of college graduates under 26, who married in the 1980s, were still married 20 years later. Furthermore, 49% of high school graduates under 26 years old, who married in the 1980s, were still married 20 years later. Conversely, 2.9% of adults aged 35–39 and without a college degree got divorced in the year 2009 – compared with 1.6% with a college education.

Another study looking at population differences found that a 1% increase in the [[unemployment rate]] correlated with a 1% decrease in the divorce rate. This was found to be presumably true for individuals who were financially challenged when trying to afford the legal proceedings. Nevertheless, another study from 1900 to 2008 found that there was a significant increase in the risk of divorce following a layoff and being unemployed.<ref>{{Cite web |date=2020-10-21 |title=Layoffs, Divorce, and the Effect of Unemployment Insurance |website=Econofact |url=https://econofact.org/layoffs-divorce-and-the-effect-of-unemployment-insurance |access-date=2022-04-05 |language=en-US |archive-date=7 May 2022 |archive-url=https://web.archive.org/web/20220507044005/https://econofact.org/layoffs-divorce-and-the-effect-of-unemployment-insurance |url-status=live }}</ref>

===Oceania===

====Australia====
The crude divorce rate in Australia in 2020 was 1.9 divorces per 1,000 residents.<ref name="australia">{{Cite web |date=2021-11-24 |title=Marriages and Divorces, Australia, 2020 |publisher=Australian Bureau of Statistics |url=https://www.abs.gov.au/statistics/people/people-and-communities/marriages-and-divorces-australia/latest-release |access-date=2022-04-05 |language=en |archive-date=3 December 2020 |archive-url=https://web.archive.org/web/20201203232303/https://www.abs.gov.au/statistics/people/people-and-communities/marriages-and-divorces-australia/latest-release |url-status=live }}</ref> This rate has remained somewhat consistent throughout the past few years and is the same as the previous year. However, as divorces are granted after 12 months of separation, splits during COVID may not be reflected in the current divorce rate. The divorce rate has decreased substantially over the past 20 years with 2.6 divorces recorded per 1,000 residents in 2000.<ref name="australia" /> In order to apply for divorce, one must be separated for at least 12 months.

==== New Zealand ====
{{Main|Divorce in New Zealand}}

New Zealand's divorce rate in 2020 was 7.6 divorces per 1,000 residents.<ref name="newzealand">{{Cite web |title=Marriages, civil unions, and divorces: Year ended December 2020 |publisher=Stats NZ |url=https://www.stats.govt.nz/information-releases/marriages-civil-unions-and-divorces-year-ended-december-2020 |access-date=2022-04-05 |archive-date=5 March 2022 |archive-url=https://web.archive.org/web/20220305090047/https://www.stats.govt.nz/information-releases/marriages-civil-unions-and-divorces-year-ended-december-2020 |url-status=live }}</ref> This rate marks a decrease from previous years – such as those in 1983 with a crude divorce rate of 13.3. In fact, this rate has decreased significantly from the previous year, 2019, with a divorce rate of 8.4.<ref name="newzealand" /> Before filing for divorce, the parties must be separated for at least two years.<ref name="separating">{{Cite web |title=Separating or getting divorced |url=https://www.govt.nz/browse/family-and-whanau/separating-or-getting-divorced/ |access-date=2022-04-05 |publisher=New Zealand Government |language=en-NZ |archive-date=29 May 2022 |archive-url=https://web.archive.org/web/20220529020753/https://www.govt.nz/browse/family-and-whanau/separating-or-getting-divorced/ |url-status=live }}</ref> After this time, either party is able to submit an application. If it is a joint application but the parties do not appear in court, a dissolution order can be granted with  the divorce taking effect after one month.<ref name="separating" /> If the parties appear in court together, the judge can make the dissolution order and the divorce will be effective immediately. If one party applies as a sole application, then the other spouse has the opportunity to defend it within a certain time period.

=== Africa ===

==== South Africa ====
{{Main|Divorce in South Africa}}

According to Statistics South Africa, the number of divorces increased by 0.3% from 25,260 divorces granted in 2015 to 25,326 granted in 2016. About 44.4% of the 2016 divorces came from marriages that did not reach their tenth wedding anniversary. About 51.1% of divorces in 2016 were filed by women while men filed 34.2% divorce cases.<ref>{{Cite web |title=Key Findings |publisher=Statistics South Africa |url=https://www.statssa.gov.za/?page_id=1856 |access-date=2022-07-15 |language=en-US |archive-date=9 July 2022 |archive-url=https://web.archive.org/web/20220709210116/https://www.statssa.gov.za/?page_id=1856 |url-status=live }}</ref>

== Social attitudes ==
Attitudes toward divorce vary substantially across the world. Divorce is considered socially unacceptable by most of the population in certain sub-Saharan African countries such as Ghana, Uganda, Nigeria and Kenya, South Asian countries including India and Pakistan and South-East Asian countries such as the Philippines and Indonesia. The majority of the population considers divorce acceptable in Europe, Latin America and the United States. Divorce is also widely accepted in certain Muslim majority countries such as Jordan, Egypt and Lebanon, at least when men initiate it.<ref>{{Cite web|publisher=Pew Research Center|date=2014|title=Compare Global Views of Moral Issues|url=https://www.pewresearch.org/global/interactives/global-morality/|url-status=dead|archive-url=https://web.archive.org/web/20200723050956/https://www.pewresearch.org/global/interactives/global-morality/|archive-date=2020-07-23|access-date=2020-07-23 |language=en-US}}</ref>

[[Mauritania]] is unusual for having a long history of accepting and celebrating divorce.<ref name="nytimes20230604">{{Cite news |last1=Maclean |first1=Ruth |last2=Boushnak |first2=Laura |date=2023-06-04 |title=No Shame. No Sorrow. Divorce Means It's Party Time in Mauritania. |language=en-US |work=The New York Times |url=https://www.nytimes.com/2023/06/04/world/africa/mauritania-divorce-parties.html |access-date=2023-06-04 |issn=0362-4331 |archive-date=4 June 2023 |archive-url=https://web.archive.org/web/20230604202526/https://www.nytimes.com/2023/06/04/world/africa/mauritania-divorce-parties.html |url-status=live }}</ref>  Although exact statistics are not available, Mauritania is believed to have the highest divorce rate by far in the world, and it is not unusual for adults in Mauritania to marry and divorce five to ten times during their lifetimes.<ref name="nytimes20230604" />

Research has shown that unhappily married couples suffer 3–25 times the risk of developing clinical depression.<ref>{{Cite journal |last1=Gray |first1=Tatiana D. |last2=Hawrilenko |first2=Matt |last3=Cordova |first3=James V. |date=2019 |title=Randomized Controlled Trial of the Marriage Checkup: Depression Outcomes |journal=Journal of Marital and Family Therapy |volume=46 |issue=3 |pages=507–522 |doi=10.1111/jmft.12411 |pmid=31584721 |url=https://arammu.com/assets/research/MC%20Depression%20Outcomes.pdf}}</ref><ref>{{Cite journal |last1=Fink |first1=Brandi C. |last2=Shapiro |first2=Alyson F. |date=March 2013 |title=Coping Mediates the Association Between Marital Instability and Depression, but Not Marital Satisfaction and Depression |journal=Couple & Family Psychology |volume=2 |issue=1 |pages=1–13 |doi=10.1037/a0031763 |issn=2160-4096 |pmc=4096140 |pmid=25032063}}</ref><ref>{{Cite journal |last=Maria R. Goldfarb & Gilles Trudel |date=2019 |title=Marital quality and depression: a review |journal=Marriage & Family Review |volume=55 |issue=8 |pages=737–763 |doi=10.1080/01494929.2019.1610136 |s2cid=165116052 |url=https://www.tandfonline.com/doi/ref/10.1080/01494929.2019.1610136?scroll=top|url-access=subscription }}</ref>

==In same-sex married couples==
{{Main|Divorce of same-sex couples}}

The legal process of divorce by same-sex couples is generally the same as any other.

Same-sex marriage was introduced in large European countries relatively recently:  France in 2013, the UK in 2014, and Germany in 2017.<ref>{{Cite web |title=Same-Sex Marriage Around the World |url=https://www.pewresearch.org/religion/fact-sheet/gay-marriage-around-the-world/ |access-date=2023-08-27 |website=Pew Research Center's Religion & Public Life Project |date=9 June 2023 |language=en-US}}</ref>  Consequently, there have been relatively few studies of divorce by same-sex couples, and they have produced some conflicting information.<ref name="Zahl-Olsen-Thuen-2023">{{Cite journal |last1=Zahl-Olsen |first1=Rune |last2=Thuen |first2=Frode |date=April 2023 |title=Same-sex Marriage Over 26 Years: Marriage and Divorce Trends in Rural and Urban Norway |url=http://journals.sagepub.com/doi/10.1177/03631990221122966 |journal=Journal of Family History |language=en |volume=48 |issue=2 |pages=200–212 |doi=10.1177/03631990221122966 |s2cid=251964900 |issn=0363-1990|hdl=11250/3039433 |hdl-access=free |url-access=subscription }}</ref> In some countries, such as Norway and Sweden, lesbian couples may be more likely to divorce than gay couples or opposite-sex couples.<ref name="Zahl-Olsen-Thuen-2023" />  Same-sex couples in rural areas may have a higher divorce rate.<ref name="Zahl-Olsen-Thuen-2023" />

===Rights of spouses to custody of children===
{{As of|2011}}, upon dissolution of a same-sex marriage, legal questions remained in the US as to the rights of spouses to custody of the biological children of their spouses.<ref name="nytimes1">{{cite news |last=Haberman |first=Clyde |url=http://cityroom.blogs.nytimes.com/2011/06/27/after-same-sex-marriage-same-sex-divorce/ |title=After Same-Sex Marriage in N.Y., Same-Sex Divorce |website=The New York Times Cityroom blog  |date=2011-06-27 |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120306034020/http://cityroom.blogs.nytimes.com/2011/06/27/after-same-sex-marriage-same-sex-divorce/ |archive-date=2012-03-06 |url-status=live }}</ref><ref>{{cite web|last=Goodman|first=M|url=http://www.nyclu.org/marriageFAQ|title=Know Your Rights: Frequently Asked Questions about New York's Marriage Equality Act (2011)|publisher=New York Civil Liberties Union (NYCLU)|access-date=2012-03-27|date=2011-07-05|archive-url=https://web.archive.org/web/20120118065423/http://www.nyclu.org/marriageFAQ|archive-date=2012-01-18|url-status=live}}</ref>

Child custody policies include several guidelines that determine with whom the child lives following divorce, how time is divided in joint custody situations, and visitation rights. The most frequently applied custody guideline is the ''[[best interests of the child]]'' standard, which takes into account the parents' preferences, the child's preferences, the interactions between parents and children, children's adjustment, and all family members' mental and physical health.<ref>{{cite journal|url=http://pps.sagepub.com/content/4/2/140.full.pdf+html|title=Sign In|journal=Perspectives on Psychological Science|date=March 2009|last1=Lansford|first1=Jennifer E.|volume=4 |issue=2 |pages=140–152 |doi=10.1111/j.1745-6924.2009.01114.x |pmid=26158941 |access-date=2012-11-07|archive-url=https://web.archive.org/web/20121111020303/http://pps.sagepub.com/content/4/2/140.full.pdf+html|archive-date=2012-11-11|url-status=live}}</ref>

==History==

===Greco-Roman culture===
{{See also|Marriage in ancient Greece|Marriage in ancient Rome}}
[[File:Roman marriage vows.jpg|thumb|upright=0.9|Roman married couple.]]
Rather than being conceived as a legal procedure, divorce in [[Classical Athens]] was largely thought to be a private matter — defined by law, but with no specific legal action required. To divorce his wife, an Athenian man need only to dismiss her by sending her back to her family. It is unknown what would have constituted socially acceptable grounds for divorce, save for the fact that it was required by law for men to divorce adulterous women. The procedure for divorce was considerably more difficult for women. In order to initiate divorce, Athenian women were required to appear in public before the archon to state their case. This procedure was a considerable exception to standard Athenian legal conventions, which barred women from representing themselves in court, as woman-initiated divorce proceedings required a woman to represent herself as a matter of public record.<ref name="Divorce in Classical Athens">{{cite journal |last1=Cohn-Haft |first1=Louis |title=Divorce in Classical Athens |journal=The Journal of Hellenic Studies |date=1995 |volume=115 |issue=115 |pages=1–14|doi=10.2307/631640 |jstor=631640 |s2cid=161594618 }}</ref>

Divorce was rare in early Roman culture but as their [[Roman Empire|empire]] grew in power and authority [[Roman law#civil law|Roman civil law]] embraced the maxim, "{{lang|la|matrimonia debent esse libera}}" ("marriages ought to be free"), and either husband or wife could renounce the marriage at will. The Christian emperors [[Constantine I|Constantine]] and [[Theodosius]] restricted the grounds for divorce to grave cause, but this was relaxed by [[Justinian I|Justinian]] in the 6th century.

===Mali Empire===
In [[post-classical]] [[Mali Empire|Mali]], laws relating to divorced women were documented in the [[Timbuktu manuscripts]].<ref>Djian, Jean-Michel (24 May 2007). [http://portal.unesco.org/en/ev.php-URL_ID=37896&URL_DO=DO_PRINTPAGE&URL_SECTION=201.html Timbuktu manuscripts: Africa's written history unveiled] {{Webarchive|url=https://web.archive.org/web/20091111190441/http://portal.unesco.org/en/ev.php-URL_ID%3D37896%26URL_DO%3DDO_PRINTPAGE%26URL_SECTION%3D201.html |date=11 November 2009 }}. Unesco, ID 37896.</ref>

===Medieval Europe===
After the fall of the Roman Empire, familial life was regulated more by ecclesiastical authority than civil authority. The Catholic and Orthodox Church had, among others, a differing view of divorce.

The Orthodox Church recognized that there are rare occasions when it is better that couples do separate. For the Orthodox, to say that marriage is indissoluble means that it should not be broken, the violation of such a union, perceived as holy, being an offense resulting from either adultery or the prolonged absence of one of the partners. Thus, permitting remarriage is an act of compassion of the Church towards sinful man.<ref>{{cite web|url=http://www.orthodoxresearchinstitute.org/articles/liturgics/athenagoras_remarriage.htm|title=Marriage, Divorce and Remarriage in the Orthodox Church: Economia and Pastoral Guidance|publisher=The Orthodox research Institute|author=Mgr. Athenagoras Peckstadt, Bishop of Sinope|date=18 May 2005|access-date=19 November 2008|archive-url=https://web.archive.org/web/20090120133149/http://orthodoxresearchinstitute.org/articles/liturgics/athenagoras_remarriage.htm|archive-date=20 January 2009|url-status=live}}</ref>

Under the influence of the Catholic Church, the divorce rate had been greatly reduced by the 9th or 10th century,<ref>''Kent's Commentaries on American Law'', p. 96 (14th ed. 1896))</ref> which considered marriage a [[sacrament]] instituted by [[Jesus Christ]] and indissoluble by mere human action.<ref>[[Canon law|Canons]] of the [[Council of Trent]], Twenty-fourth Session.
{{Cite book
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 |access-date=2006-09-18
 |year=1848
 |location=London
 |publisher=Dolman
 |pages=192–232
 |title=The Council of Trent
 |chapter=The Twenty-Fourth Session
 |archive-date=28 September 2020
 |archive-url=https://web.archive.org/web/20200928143723/https://history.hanover.edu/texts/trent/ct24.html/
 |url-status=live
 }}</ref>

Although divorce, as known today, was generally prohibited in Catholic lands after the 10th century, separation of husband and wife and the [[annulment]] of marriage were well known. What is today referred to as "[[separate maintenance]]" (or "[[legal separation]]") was termed "divorce a mensa et thoro" ("divorce from bed-and-board"). The husband and wife physically separated and were forbidden to live or [[cohabit]] together, but their marital relationship did not fully terminate.<ref>''Kent's Commentaries on American Law'', p. 125, n. 1 (14th ed. 1896).</ref> [[Civil courts]] had no power over marriage or divorce. The grounds for annulment were determined by a Catholic church authority and applied in [[ecclesiastical courts]]. Annulment was for [[Canon law|canonical]] causes of impediment existing at the time of the marriage. "For in cases of total divorce, the marriage is declared null, as having been absolutely unlawful ab initio."<ref>W. Blackstone, ''Commentaries on the Laws of England'', 428 (Legal Classics Library spec. ed. 1984).</ref><ref>''Kent's Commentaries on American Law'', p. 1225, n. 1.</ref><ref>E.Coke, ''Institutes of the Laws of England'', 235 (Legal Classics Library spec. ed. 1985).</ref> The Catholic Church held that the sacrament of marriage produced one person from two, inseparable from each other: "By marriage, the husband and wife are one person in law: that is, the very being of legal existence of the woman is suspended during the marriage or at least incorporated and consolidated into that of the husband: under whose wing, protection and cover, she performs everything."<ref>Blackstone, ''Commentaries on the Laws of England'', p. 435 (Legal Classics Library spec. ed. 1984.</ref> Since husband and wife became one person upon marriage, recognition of that oneness could be rescinded only on the grounds that the unity never existed to begin with, ''i.e.'', that the proclamation of marriage was erroneous and void [[Ab initio|from the start]].

===Secularisation in Europe===
[[File:1491 Henry VIII.jpg|thumb|[[Henry VIII]] of England broke with the [[Catholic Church]] in order to obtain an annulment.]]
After the [[Reformation]], marriage came to be considered a [[contract]] in the newly Protestant regions of Europe, and on that basis, [[civil authorities]] gradually asserted their power to decree a "divortium a vinculo matrimonii", or "divorce from all the bonds of marriage".

Since no [[precedents]] existed defining the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the [[ecclesiastic]] courts and freely adopted the requirements set down by those courts. As the civil courts assumed the power to dissolve marriages, courts still strictly construed the circumstances under which they would grant a divorce,<ref>Blackstone, ''Commentaries on the Laws of England'', p. 429.</ref> and considered divorce to be contrary to [[public policy (law)|public policy]]. Because divorce was considered to be against the public interest, civil courts refused to grant a divorce if evidence revealed any hint of complicity between the husband and wife to divorce, or if they attempted to manufacture grounds for a divorce. Divorce was granted only because one party to the marriage had violated a sacred [[vow]] to the "innocent spouse". If both husband and wife were guilty, "neither would be allowed to escape the bonds of marriage".<ref>''Kent's Commentaries on American Law'', p. 401.</ref>

Eventually, the idea that a marriage could be dissolved in cases in which one of the parties violated the sacred vow gradually allowed expansion of the grounds upon which divorce could be granted from those grounds which existed at the time of the marriage to grounds which occurred after the marriage, but which exemplified violation of that vow, such as [[Grounds for divorce (United States)#Abandonment or desertion|abandonment]], [[adultery]], or "extreme cruelty".<ref>''Kent's Commentaries on American Law'', p. 147.</ref> An exception to this trend was the [[Anglican Church]], which maintained the doctrine of marital indissolubility.

During the [[English Civil War]], the [[Puritans]] briefly passed a law that divested marriage of all sacrament, leaving it as a secular contract that could be broken. [[John Milton]] wrote [[Milton's divorce tracts|four divorce tracts]] in 1643–1645 that argued for the legitimacy of divorce on grounds of spousal incompatibility. His ideas were ahead of their time; arguing for divorce at all, let alone a version of [[no-fault divorce]], was extremely controversial and religious figures sought to ban his tracts.<ref>{{cite book|author=D. F. McKenzie|chapter=The London Book Trade in 1644|title=Making Meaning: Printers of the Mind and Other Essays|publisher=University of Massachusetts Press|year=2002|pages=140–1|chapter-url=https://books.google.com/books?id=HtUfy7-OC1YC|isbn=978-1558493360}}</ref> In 1670 a precedent was first set with an [[Act of Parliament]] allowing Lord [[John Manners, 1st Duke of Rutland|John Manners]] to divorce his wife, [[Anne Manners, Lady Roos|Lady Anne Pierrepont]], and until the passage of the [[Matrimonial Causes Act 1857]], divorce could only be obtained through a specific Act of Parliament.<ref>{{cite web |url=http://www2.hu-berlin.de/sexology/ATLAS_EN/html/history_of_marriage_in_western.html |title=HISTORY OF MARRIAGE IN WESTERN CIVILIZATION |author=Erwin J. Haeberle |publisher=The Continuum Publishing Company |url-status=dead |archive-url=https://web.archive.org/web/20130515233113/http://www2.hu-berlin.de/sexology/ATLAS_EN/html/history_of_marriage_in_western.html |archive-date=2013-05-15 }}</ref>

[[File:Le divorce de l'Impératrice Joséphine 15 décembre 1809 (Henri-Frederic Schopin).jpg|thumb|upright=1.05|left|[[Joséphine de Beauharnais|Joséphine]], first wife of [[Napoleon]], obtained the civil dissolution of her marriage under the [[Napoleonic Code]] of 1804.]]
The move towards secularisation and liberalisation was reinforced by the individualistic and secular ideals of the [[Age of Enlightenment|Enlightenment]]. The [[Enlightened absolutism|Enlightened absolutist]], King [[Frederick II of Prussia|Frederick II]] ("the Great") of [[Prussia]] decreed a new divorce law in 1752, in which marriage was declared to be a purely private concern, allowing divorce to be granted on the basis of mutual consent. This new attitude heavily influenced the law in neighbouring [[Austrian Empire|Austria]] under Emperor [[Joseph II, Holy Roman Emperor|Joseph II]], where it was applied to all non-Catholic Imperial subjects.<ref>{{cite web|url=http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2548&context=lcp|title=Trends in marriage and divorce law of Western countries|author=Max Rheinstein|author-link=Max Rheinstein|access-date=2013-12-01|archive-url=https://web.archive.org/web/20131203032903/http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2548&context=lcp|archive-date=2013-12-03|url-status=live}}</ref> Divorce was legalised in France after the [[French Revolution]] on a similar basis, although the legal order of the [[ancien regime]] was reinstated at the [[Bourbon Restoration in France|Bourbon restoration]] of 1816. The trend in Europe throughout the 19th century, was one of increased liberalisation; by the mid-19th century, divorce was generally granted by civil courts in the case of [[adultery]].
[[File:Marilyn Monroe and Jerry Giesler 3.jpg|thumb|upright=1.15|[[Marilyn Monroe]] signing divorce papers with celebrity attorney [[Jerry Giesler]].]]

In Britain, before 1857 wives were regarded as under the economic and legal protection of their husbands, and divorce was almost impossible. It required a very expensive private Act of Parliament costing perhaps £200, of the sort only the richest could possibly afford. It was very difficult to secure divorce on the grounds of adultery, desertion, or cruelty. The first key legislative victory came with the [[Matrimonial Causes Act 1857]], which passed over the strenuous opposition of the highly traditional Church of England. The new law made divorce a civil affair of the courts, rather than a Church matter, with a new civil court in London handling all cases. The process was still quite expensive, at about £40, but now became feasible for the middle class. A woman who obtained a judicial separation took the status of a ''feme sole'', with full control of her own civil rights. Additional amendments came in 1878, which allowed for separations handled by local justices of the peace. The Church of England blocked further reforms until the final breakthrough came with the [[Matrimonial Causes Act 1973]].<ref>Lawrence Stone. ''Road to Divorce: England 1530–1987'' (1990)</ref><ref>Elie Halevy, ''History of the English People: The Rule of Democracy (1905–1914)'' (1932) pp</ref>

In [[Spain]], the 1931 Constitution of the [[Second Spanish Republic]] for the first time recognised a right to divorce. The first law to regulate divorce was the ''Divorce Act of 1932'', which passed the Republican Parliament despite the opposition of the Catholic Church and a coalition of the Agrarian Minority and Minority Basque-Navarre Catholic parties. The dictatorship of General Franco abolished the law. After the restoration of democracy, a new divorce law was passed in 1981, again over the opposition of the Catholic Church and part of the Christian Democrat party, then a part of the ruling Union of Democratic Center. During the first socialist government of [[Felipe González Márquez]], the 1981 law was amended to expedite the process of separation and divorce of marriages, which was again opposed by the Church, which called it "express divorce".

In [[Italy]], the first divorce law was introduced on 1 December 1970, despite the opposition of the [[Christian Democrats]],<ref>Law n. 898/70 (1 December 1970) – "Discipline of the cases of dissolution of marriage".</ref> and entered into force on 18 December 1970. In the following years, the Christian Democrats, supported also by parties opposed to the law, promoted a recall referendum. In 1974, in a referendum, the majority of the population voted against a repeal of the divorce law. A feature of the 1970 divorce law was the long period of marital separation of five years required. This period was reduced to three in 1987 and to a year in 2015, in the case of judicial separation, and six months in the case of separation by mutual agreement.

[[Ireland]] and [[Malta]] approved divorce at referendums in 1995 and 2011 respectively.

Divorce rates increased markedly during the 20th century in developed countries, as social attitudes towards family and sex changed dramatically.<ref>{{cite web|title=Divorce|url=http://www.oocities.org/totojunmar/divorce.html|website=Oocities.org|access-date=3 June 2013|archive-url=https://web.archive.org/web/20131203002256/http://www.oocities.org/totojunmar/divorce.html|archive-date=3 December 2013|url-status=live}}</ref> Divorce has become commonplace in some countries, including the [[United States]],<ref>{{cite news |url=http://www.thedailybeast.com/articles/2010/05/19/15-ways-to-predict-divorce.html |title=15 Ways to Predict Divorce |website=[[The Daily Beast]] |date=19 May 2010 |access-date=2012-09-25 |archive-url=https://web.archive.org/web/20120920052827/http://www.thedailybeast.com/articles/2010/05/19/15-ways-to-predict-divorce.html |archive-date=2012-09-20 |url-status=live |last1=Rufus |first1=Anneli }}</ref> [[Canada]], [[Australia]], [[Germany]], [[New Zealand]], [[Scandinavia]], and the [[United Kingdom]].<ref name="Haines">{{cite web|last1=Haines|first1=Nicola|title=Divorces in England and Wales: 2015|url=https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2015|website=Office for National Statistics UK|access-date=16 February 2018|archive-url=https://web.archive.org/web/20180217082644/https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2015|archive-date=17 February 2018|url-status=live}}</ref>

===Japan===
In the Edo Period (1603–1868), husbands could divorce their wives by writing letters of divorce. Frequently, their relatives or marriage arrangers kept these letters and tried to restore the marriages. Wives could not divorce their husbands. Some wives were able to gain sanctuary in certain [[Shinto]] "divorce temples".  After a wife had spent three years in a temple, her husband was required to divorce her.<ref>{{cite web |url=http://search.japantimes.co.jp/cgi-bin/nn20040619f1.html |title=Japan Times |date=2004-06-19 |access-date=2010-06-11 |archive-url=https://web.archive.org/web/20110719050351/http://search.japantimes.co.jp/cgi-bin/nn20040619f1.html |archive-date=2011-07-19 |url-status=live }}</ref> In 19th century Japan, at least one in eight marriages ended in divorce.

There are four types of divorce in Japan: divorce by agreement in which the divorce is mutual; divorce by mediation, which happens in family court; divorce by decision of family court that takes place when a couple cannot complete a divorce through mediation; and divorce by judgment of a district court.<ref>{{cite web |url=http://japan.usembassy.gov/e/acs/tacs-7117.html |title=American Citizen Services- Divorce In Japan |access-date=2011-09-11 |url-status=dead |archive-url=https://web.archive.org/web/20110909122201/http://japan.usembassy.gov/e/acs/tacs-7117.html |archive-date=2011-09-09 }}</ref>

===India===
On a national level, the [[Special Marriage Act, 1954|Special Marriage Act]], passed in 1954, is an inter-religious marriage law permitting Indian nationals to marry and divorce irrespective of their religion or faith. The [[Hindu Marriage Act]], 1955 legally permitted divorce to Hindus and other communities who chose to marry under these acts. The Indian Divorce Act 1869<ref>{{cite web |url=http://www.gujhealth.gov.in/images/pdf/legis/divorce-act1869.pdf |title=Indian Divorce Act -Bare Act |year=1869 |website=Gujhealth.gov.in |access-date=2014-02-08 |archive-url=https://web.archive.org/web/20130421015224/http://www.gujhealth.gov.in/images/pdf/legis/divorce-act1869.pdf |archive-date=2013-04-21 |url-status=live }}</ref> is the law relating to the divorce of person professing the Christian religion. Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy.<ref>{{cite web |url=http://www.vakilno1.com/bareacts/hindumarriageact/s13.htm |title=''Vaklino.com'' - "The Hindu Marriage Act, 1955" (Section 13) |website=Vakilno1.com |access-date=2012-03-27 |url-status=dead |archive-url=https://web.archive.org/web/20120401144955/http://www.vakilno1.com/bareacts/hindumarriageact/s13.htm |archive-date=2012-04-01 }}</ref> Divorce is also available based on mutual consent of both the spouses, which can be filed after at least one year of separated living. Mutual consent divorce cannot be appealed, and the law mandates a minimum period of six months (from the time divorce is applied for) for divorce to be granted.<ref>{{cite web |url=http://indiankanoon.org/doc/439618/ |title=''indiankanoon.org'' - "Section 13B in the Hindu Marriage Act" |website=Indiankanoon.org |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120402034011/http://indiankanoon.org/doc/439618/ |archive-date=2012-04-02 |url-status=live }}</ref> Contested divorce is when one of the spouses is not willing to divorce the other; in such a circumstance divorce is granted only on certain grounds according to the Hindu marriage act of 1955. While a Muslim husband can unilaterally bring an end to the marriage by pronouncing talaq,<ref>{{cite web |url=http://parting.hpage.co.in/muslim-divorce-judgements_56052365.html |title=Muslim divorce judgements |website=Parting.hpage.co.in |access-date=2014-02-08 |archive-url=https://web.archive.org/web/20140222142037/http://parting.hpage.co.in/muslim-divorce-judgements_56052365.html |archive-date=2014-02-22 |url-status=dead }}</ref> Muslim women must go to court, claiming any of the grounds provided under the [[Dissolution of Muslim Marriages Act, 1939|Dissolution of Muslim Marriage Act]].<ref>{{cite web|url=http://chdslsa.gov.in/right_menu/act/pdf/muslim.pdf|title=Dissolution of Muslim Marriage Act - bare Act|website=Chdslsa.gov.in|access-date=2014-02-08|archive-url=https://web.archive.org/web/20140221172043/http://chdslsa.gov.in/right_menu/act/pdf/muslim.pdf|archive-date=2014-02-21|url-status=live}}</ref>

In the first major family law reform in the last decade, the Supreme Court of India banned the Islamic practice of "Triple Talaq" (divorce by uttering of the "Talaq" word thrice by the husband). The landmark Supreme Court of India judgment was welcomed by women activists across India.<ref>{{Cite news|url=https://www.theguardian.com/world/2017/aug/22/india-supreme-court-bans-islamic-instant-divorce-triple-talaq|title=India court bans Islamic instant divorce in huge win for women's rights|last=Safi|first=Michael|date=2017-08-22|newspaper=[[The Guardian]]|access-date=2017-11-06|language=en-GB|issn=0261-3077|archive-url=https://web.archive.org/web/20171116194439/https://www.theguardian.com/world/2017/aug/22/india-supreme-court-bans-islamic-instant-divorce-triple-talaq|archive-date=2017-11-16|url-status=live}}</ref>

Official figures of divorce rates are not available, but it has been estimated that 1 in 100 or another figure of 11 in 1,000 marriages in India end in divorce.<ref>{{cite news |url=https://www.bbc.co.uk/news/10284416 |title=India moves to make it easier to divorce |access-date=2011-09-11 |publisher=BBC News |date=2010-06-10 |archive-url=https://web.archive.org/web/20110825083800/http://www.bbc.co.uk/news/10284416 |archive-date=2011-08-25 |url-status=live }}</ref>

Various communities are governed by specific marital legislation, distinct to Hindu Marriage Act, and consequently have their own divorce laws:

* The Parsi Marriage and Divorce Act, 1936<ref>{{cite web |url=http://www.indiankanoon.org/doc/122564/ |title=The Parsi Marriage And Divorce Act, 1936 |website=Indiankanoon.org |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120326174531/http://www.indiankanoon.org/doc/122564/ |archive-date=2012-03-26 |url-status=dead }}</ref>
* The Dissolution of Muslim Marriage act, 1939<ref>{{cite web |url=http://www.indiankanoon.org/doc/1458498/ |title=The Dissolution Of Muslim Marriages Act, 1939 |website=Indiankanoon.org |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120326174535/http://www.indiankanoon.org/doc/1458498/ |archive-date=2012-03-26 |url-status=dead }}</ref>
* The Foreign Marriage Act, 1969<ref>{{cite web |url=http://www.indiankanoon.org/doc/660591/ |title=The Foreign Marriage Act, 1969 |website=Indiankanoon.org |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120326174651/http://www.indiankanoon.org/doc/660591/ |archive-date=2012-03-26 |url-status=dead }}</ref>
* The Muslim Women (Protection of Rights on Divorce) Act, 1986<ref>{{cite book|author1=V.R.Krishna Iyer Retd. Judge|title=Muslim Women (Protection of Rights on Divorce) Act, 1986|year=1987|publisher=EBC|isbn=978-81-7012-349-1|pages=1–166}}</ref>

An amendment to the marriage laws to allow divorce based on "irretrievable breakdown of marriage" (as alleged by one of the spouses) is under consideration in India.<ref>{{cite news |last=Chandran |first=Rina |url=http://blogs.reuters.com/india/2010/06/11/an-easier-end-to-unhappy-marriages-in-india/ |title=An easier end to unhappy marriages in India? &#124; India Insight |website=Blogs.reuters.com |date=2010-06-11 |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20110508165627/http://blogs.reuters.com/india/2010/06/11/an-easier-end-to-unhappy-marriages-in-india/ |archive-date=2011-05-08 |url-status=dead }}</ref> In June 2010, the Union Cabinet of India approved the Marriage Laws (Amendment) Bill 2010, which, if cleared by Parliament, would establish "irretrievable breakdown" as a new ground for divorce.<ref>{{cite web |url=http://pib.nic.in/newsite/erelease.aspx?relid=62464 |title=Press Information Bureau English Releases |website=Pib.nic.in |access-date=2012-03-27 |archive-url=https://web.archive.org/web/20120119204450/http://pib.nic.in/newsite/erelease.aspx?relid=62464 |archive-date=2012-01-19 |url-status=live }}</ref> Under the proposed amendment, the court before proceeding to the merits of the case must be satisfied by the evidences produced that parties have been living apart for a continuous period of not less than three years immediately preceding the presentation of the petition.<ref>{{cite web |url=http://blog.ipleaders.in/irretrievable-break-down-of-marriage-as-a-ground-for-divorce-in-india |title=Irretrievable break down of marriage as a ground for divorce in India |date=3 December 2014 |publisher=iPleaders |access-date=2014-12-06 |archive-url=https://web.archive.org/web/20141209141854/http://blog.ipleaders.in/irretrievable-break-down-of-marriage-as-a-ground-for-divorce-in-india/ |archive-date=2014-12-09 |url-status=live }}</ref>

=== Islamic law ===
{{Main|Divorce in Islam}}

Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ([[repudiation (marriage)|repudiation]]), ''khulʿ'' (mutual divorce/annulment), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place.<ref name=OEIW-modern>{{cite encyclopedia|author=Maaike Voorhoeve|title=Divorce. Modern Practice|encyclopedia=The Oxford Encyclopedia of Islam and Women|publisher=Oxford University Press|location=Oxford|year=2013|url-access=subscription|url=http://www.oxfordreference.com/view/10.1093/acref:oiso/9780199764464.001.0001/acref-9780199764464-e-0108|doi=10.1093/acref:oiso/9780199764464.001.0001|isbn=9780199764464|access-date=2017-03-20|archive-url=https://web.archive.org/web/20170204102020/http://www.oxfordreference.com/view/10.1093/acref:oiso/9780199764464.001.0001/acref-9780199764464-e-0108|archive-date=2017-02-04|url-status=live}}</ref> Historically, the rules of divorce were governed by [[sharia]], as interpreted by [[Fiqh|traditional Islamic jurisprudence]], and they differed depending on the [[Madhhab|legal school]].<ref name=OEIW-hist>{{cite encyclopedia|author=Maaike Voorhoeve|title=Divorce. Historical Practice|encyclopedia=The Oxford Encyclopedia of Islam and Women|publisher=Oxford University Press|location=Oxford|year=2013|url-access=subscription|url=http://www.oxfordreference.com/view/10.1093/acref:oiso/9780199764464.001.0001/acref-9780199764464-e-0108|doi=10.1093/acref:oiso/9780199764464.001.0001|isbn=9780199764464|access-date=2017-03-20|archive-url=https://web.archive.org/web/20170204102020/http://www.oxfordreference.com/view/10.1093/acref:oiso/9780199764464.001.0001/acref-9780199764464-e-0108|archive-date=2017-02-04|url-status=live}}</ref> Historical practice sometimes diverged from legal theory.<ref name=OEIW-hist/> In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.<ref name=OEIW-modern/>

===Philippines===
Divorce as a means of terminating marriage is illegal for all Filipinos except [[Filipino Muslim]]s. There is only civil annulment after a lengthy legal separation. The process is costly and long, and there are many legally married couples in extramarital relations, even without a divorce law.

Code of Muslim Personal Laws of the Philippines, known as Presidential Decree (PD) No. 1083, Title II- Marriage and Divorce, Chapter 3-Divorce allows for divorce recognized by the state. There are two [[sharia]] courts in the Philippine judicial system that hear these cases.

On 27 July 2010, [[GABRIELA|Gabriela Women's Party]] filed in [[House of Representatives of the Philippines|Congress]] House Bill No 1799, or the Divorce Bill of the Philippines, as one of many attempts to introduce pro-divorce legislation. Senator [[Pia Cayetano]] has filed a separate divorce bill in the [[Senate of the Philippines|Senate]]. During that time, the Philippines, along with Malta and the Vatican, are the three most conservative countries on the issue of divorce. The bill did not pass any level of legislation because of this.

In 2013, the divorce bill was refiled, and did not pass any level of legislation as well.

In a latest attempt, the divorce bill was refiled again in 2017. On 22 February 2018, the House of Representatives committee on population and family relations approved a bill seeking to legalize divorce, the first time in Philippine history for such a measure to pass the committee level of legislation. The majority of the members of the House of Representatives (lower house of Congress), both majority and minority blocs, are in favor of divorce, however, divorce continues to be a divisive issue in the Senate (upper house of Congress), as stark opposition is present among male senators.<ref>{{cite web|url=http://cnnphilippines.com/news/2018/02/21/house-panel-approves-substitute-bill-on-divorce.html|title=House panel approves substitute bill on divorce|website=Cnnphilippines.com|access-date=21 September 2018|archive-url=https://web.archive.org/web/20180921191212/http://cnnphilippines.com/news/2018/02/21/house-panel-approves-substitute-bill-on-divorce.html|archive-date=21 September 2018|url-status=dead}}</ref><ref>{{cite web|url=https://www.rappler.com/nation/196612-explainer-house-divorce-bill|title=EXPLAINER: What are the grounds, provisions in House divorce bill?|website=Rappler.com|date=22 February 2018 |access-date=21 September 2018|archive-url=https://web.archive.org/web/20181124221154/https://www.rappler.com/nation/196612-explainer-house-divorce-bill|archive-date=24 November 2018|url-status=live}}</ref>

=== Early America ===
In colonial America, marriage was understood to be for the purpose of reproductive and economic success. Divorce was granted if either party was proven to have deceived the other about their financial or reproductive status.<ref name="Reis2009">{{Cite book |last=Reis |first=Elizabeth |title=Bodies in Doubt: An American History of Intersex |location=Baltimore MD |publisher=Johns Hopkins University Press |year=2009 |isbn=978-1421441849 |pages=8–10 |language=en}}</ref>

[[Impotence]] as grounds for divorce required physical examination of the husband. Women with malformed genitalia would also be examined by a midwife to determine if the malformation was responsible for infertility.<ref name="Reis2009" />

In the [[antebellum South]], courts were reluctant to divorce white couples. Wives were the most likely to ask for divorce, however husbands were more likely to receive one. Successful divorces initiated by husbands were often in response to the wife's infidelity with a black man. A landmark court case in 1825 set the precedent of prioritizing the raising of white children over the wife's adultery.<ref>{{Cite book |last=Hodes |first=Martha |title=White Women, Black Men: Illicit Sex in the 19th-century South |location=New Haven, CT |publisher=Yale University Press |year=1997 |isbn=0300069707 |pages=68–71 |language=en}}</ref>

In the 1860s, marriage law changed rapidly as the definition of [[miscegenation]] was altered to account for more and different racial categories. This sometimes forced the annulment of [[Interracial marriage|mixed-race marriages]].<ref>{{Cite book |last=Pascoe |first=Peggy |title=What Comes Naturally: Miscegenation Law and the Making of Race in America |location=New York |publisher=Oxford University Press |year=2010 |isbn=9780199772353 |pages=77–93 |language=en}}</ref>

== Patterns ==
=== Post-World War II ===
Divorce rates increase during times of hardship, war, and major events. Divorce rates increased after World War II because people were quick to marry each other before they went to war. When soldiers returned, they found out that they did not have much in common with their spouses, so they divorced.<ref>{{cite book|last1=Kunz|first1=Jenifer|title=Think marriages and families.|date=2011|publisher=Pearson Education|location=Upper Saddle River, N.J.|isbn=978-0-205-16760-9|page=240}}</ref>

=== Celebrity culture ===
In 2024, an increasing number of "A-listers celebrities" were found to engaging in a trend of discreet "silent divorces" as opposed to high-profile public divorces in the media in past years.<ref>{{cite web | url=https://www.huffpost.com/entry/quiet-divorce-trend_l_65f20079e4b07b5c55cb9ece | title=This Divorce Trend is Becoming More Popular with Celebs — for a Good Reason | date=21 March 2024 }}</ref>

== See also ==
{{div col |colwidth=22em}}
* [[Breakup]]
* [[Community property]]
* [[Divorce law around the world]]
* [[Divorce of same-sex couples]] – legal aspects, divorce rates
* [[Divorce party]]
* [[Dysfunctional family]]
* [[Fear of commitment]]
* [[Grey divorce]]
* [[Husband selling]]
* [[Implications of divorce]]
* [[List of most expensive divorces]]
* [[List of people who remarried the same spouse]]
* [[Januário Lourenço]], inventor of [[#Electronic divorce|electronic divorce]]
* [[New York divorce coercion gang]]
* [[Relationship counseling]]
* [[Relationship education]]
* [[Wife selling]]
* [[Wife selling (English custom)]]
{{div col end}}

== References ==
{{Reflist}}

==Further reading==
{{refbegin|30em|}}
*[[William P. Alford|Alford, William P.]], [https://web.archive.org/web/20100219043458/http://www.wcfia.harvard.edu/node/661 "Have You Eaten, Have You Divorced? Debating the Meaning of Freedom in Marriage in China"], in ''Realms of Freedom in Modern China'' (William C. Kirby ed., Stanford University Press, 2004).
*Berlin, G. (2004). [http://www.mdrc.org/publications/386/testimony.html "The Effects of Marriage and Divorce on Families and Children"] {{Webarchive|url=https://web.archive.org/web/20120318221009/http://www.mdrc.org/publications/386/testimony.html |date=18 March 2012 }}.
*Davies, P. T. & Cummings E. M. (1994). [https://web.archive.org/web/20120521232551/http://www.psych.rochester.edu/graduate/developmental/faculty/documents/MaritalConflictandchildadjustment1994.pdf "Marital Conflict and Child Adjustment: An Emotional Security Hypothesis"]. ''American Psychological Association Psychological Bulletin'', 116, 387–411.
*Foulkes-Jamison, L. (2001). [https://web.archive.org/web/20120309012311/http://cpancf.com/articles_files/efffectsdivorceonchildren.asp "The Effects of Divorce on Children"].
*Hughes R. (2009). [http://parenting247.org/article.cfm?ContentID=646 The Effects of Divorce on Children] {{Webarchive|url=https://web.archive.org/web/20160304034137/http://parenting247.org/article.cfm?ContentID=646 |date=2016-03-04 }}
*{{Cite book|author=Phillips, Roderick|title=Untying the knot: a short history of divorce|publisher=[[Cambridge University Press]]|location=Cambridge, UK|year=1991|isbn=978-0-521-42370-0}}
*{{cite journal|last=Singer|first=Joseph William|title=Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation|journal=Stanford Journal of Civil Rights and Civil Liberties|year=2005|volume=1|pages=1–51}}
*Strong, B., DeVault C., & Cohen T. F. (2011). ''The Marriage and Family Experience: Intimate Relationships in a Changing Society''. Belmont, Calif.: Wadsworth Cengage Learning.
*Thomas, S. G. (28 October 2011). [https://www.nytimes.com/2011/10/30/fashion/the-good-divorce-cultural-studies.html?pagewanted=all The Good Divorce] {{Webarchive|url=https://web.archive.org/web/20170415104137/http://www.nytimes.com/2011/10/30/fashion/the-good-divorce-cultural-studies.html?pagewanted=all |date=15 April 2017 }}. ''The New York Times''
* Zartler U., Heinz-Martin, V., Arránz Becker, O. (Edts.) (2015): ''Family Dynamics after Separation. A Life Course Perspective on Post-Divorce Families''. Special Issue ZfF, Volume 10, Opladen/Toronto: Barbara Budrich. {{ISBN|978-3-8474-0686-0}}.
*{{cite journal|doi=10.1177/0044118X00032001005|title=The Changing Family in Northern Ireland|journal=Youth & Society|volume=32|pages=81–106|year=2016|last1=Fawcett|first1=Margaret I.|s2cid=146282562}}
{{refend}}

==External links==
{{Wiktionary}}
{{Commons category|Divorce}}
{{Wikiquote}}
{{Wikisource}}
* [http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Marriage_and_divorce_statistics Marriage and divorce statistics], Eurostat – Statistics Explained
{{Interpersonal relationships footer}}
{{Family}}
{{Authority control}}

[[Category:Divorce| ]]
[[Category:Family law]]
[[Category:Interpersonal conflict]]