Divorce is the final end or dissolution of a marriage. It is also synonymous with discarding the legal duties and responsibilities of both parties involved in the marriage.
Divorce laws differ completely in other countries around the world. However, in majority of countries, it needs the proclamation of a court or an authority under a legal process. The legal process for divorce may contain various issues like spousal support, child custody and support, distribution of assets and division of debt.
From 1971 to 1996, four countries in Europe namely Spain, Italy, Portugal and the Republic of Ireland have approved the legalization of divorce. Starting October 1, 2011, Malta will start to legalize divorce leaving only two countries in the world, the Philippines and the Vatican City, to have not legalized divorce.
Even though divorce laws differ among countries, there are two most basic approaches to divorce; the fault based and the no-fault based. However, the court may still take into consideration the intentions of the parties when settling terms on properties, debts, evaluating child custody, and support.
Under a no-fault divorce system, divorce doesn’t need an attribution or proof of fault of either party. Only the simple admittance that the marriage has fallen apart is necessary to convince the judicial officer. In other jurisdictions requiring irreconcilable differences, the honest accusation that the marriage has been ruined by these differences is already aedquate for the judicial officer to allow a divorce.
In 1960s, almost all countries which legalized divorce need proof of fault that the other party concerned had made an action not appropriate to the marriage. This is called as the grounds for divorce or popularly called fault and was the sole way to terminate the marriage. Still a lot of jurisdictions from other countries require such proof of fault or grounds.
In the US, a no-fault divorce is now available in all 50 states which makes it faster for Walnut Creek divorce attorneys to settle their clients’ cases. The District of Columbia, New York, was the last state to require fault-based divorce until a bill in 2010 was passed allowing a no-fault divorce.
Fault-based divorces, on the other hand, can be contested. Evaluation of offenses may include allegations of collusion of both parties (work together to get the divorce faster). Others are condoning or approving the offense. There are some who are conniving with each other or by tricking someone into committing an offense. However, there are some who use provocation by the other party.
Contested fault divorces can be very costly and usually not practical as eventually most divorces are granted. Comparative rectitude, on the other hand, is a doctrine used to identify which party is more at fault when both spouses are guilty of breaches.