Thursday, May 28, 2009

What is a Dissolution of marriage or Divorce

Dissolution of marriage or Divorce is the termination of a marriage, canceling legal responsibilities and duties of marriage and melting away the bonds of matrimony between couples. In most nations, divorce necessitates the authorization of a judge or other authority in a legal process to finalize a divorce. A divorce does not affirm a marriage null and void, as in annulments, but divorce ends the marital status of a couple, permitting them to marry once again.

Divorce laws fluctuate significantly around the globe. Divorce is not allowed in some nations, such as in Malta and in the Philippines; however, an annulment is allowed.

The legal procedure for dissolution of marriage or divorce may also involve matters of child custody, spousal support, distribution of property, child support and division of debt, though these issues are usually only secondary or resulting from the divorce.

Some jurisdictions do not require a party to claim fault of their partner that leads to the divorce. Even in areas, which have adopted the "no fault" rule in divorce proceedings, a court may still take into account the actions of the parties when dividing the debts, property, evaluating custody, and support of children and spouse.

In most areas, a divorce must be granted by a court of law to become effective. The conditions of the divorce are usually decided by the court, though they may consider prenuptial agreements or postnuptial agreements, or approve agreements that the couple may have agreed to in private. In the nonexistence of understanding, a disputed divorce may be hectic to the spouses and lead to expensive legal action. Other methods to divorce resolutions have recently come into view, such as mediation and collaborative divorce, which settles jointly agreeable solutions to disagreements. In some other nations, like Portugal, when a couple agrees to divorce and to the conditions of the divorce, a non-judiciary administrative being can approve it. The effect of a divorce is that both parties are free to marry again.

In the United States, all states now expect parents to file a parenting plan when they divorce or legally separate.