Divorce is the legal process of ending a marriage, formally dissolving the legal and social bonds between a married couple. It’s a formal termination of the marriage contract, allowing the individuals to remarry. Divorce differs from legal separation, which allows couples to live apart while remaining legally married.
Key aspects of divorce:
Legal Process:
Divorce involves court proceedings, where a judge or other competent authority formally ends the marriage.
Dissolution of Marriage:
Divorce legally dissolves the marriage, meaning the couple is no longer legally bound to each other.
Remarriage:
After a divorce, individuals are free to remarry.
No-Fault vs. Fault-Based:
Most jurisdictions recognize “no-fault” divorces, where the reason for the divorce is simply that the marriage has irretrievably broken down. Some jurisdictions also offer “fault-based” divorces, where one party must prove the other’s misconduct (like adultery) as the reason for the divorce.
Division of Assets:
Divorce proceedings often include the division of marital property (assets acquired during the marriage).
Child Custody and Support:
If children are involved, divorce proceedings determine custody arrangements (who the children live with and who makes decisions about their upbringing) and child support payments.
Spousal Support (Alimony):
In some cases, one spouse may be required to pay financial support to the other, either during or after the divorce.
Different from Annulment:
Divorce is distinct from annulment, which declares the marriage invalid from the beginning, as if it never occurred.