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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws Divorce law by country, vary considerably around the world, 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, child custody, 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 annulm ...
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Divorce Law By Country
Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines (although Muslims in the Philippines do have the right to divorce) and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages. Summary table Muslim societies Historically, the rules of divorce were governed by sharia, as interpreted by Fiqh, traditional Islamic jurisprudence, though they differed depending on the Madhhab, legal school, and historical practices sometimes diverged from legal theory. Divorce in Islam is permitted, but the theology provides different rules for husbands from wives. Husbands may initiate divorce through ‘Talaq’, for any reason without requiring the wife's agreement. Some also include this to mean the s ...
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Christian Views On Divorce
Christian views on divorce find their basis both in biblical sources and in texts authored by the Church Fathers of the early Christian Church, who were unanimous in condemning the practice. Background According to the synoptic Gospels, Jesus emphasized the permanence of marriage (see Mark 10 at verses 1 to 12, Matthew 19; Luke 16:18) but also its integrity. In the King James Version of the Gospel of Mark, verses 11 and 12, Jesus says "Whosoever shall put away his wife, and marry another, committeth adultery against her. And if a woman shall put away her husband, and be married to another, she commits adultery." The Gospel of Luke adds that those who marry divorced persons also commit adultery, as recorded in Luke 16:18. 1 Corinthians 6:9–10 states that adulterers "shall not inherit the kingdom of God". The only lawful ground for divorce available to the innocent spouse is fornication, or adultery, on the part of the guilty mate, as recorded in Matthew 19:9. Nevertheless, ' ...
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Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their Affinity (law), in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be Premarital sex, compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement. Around the world, there has been a general trend towards ensuring Women's rights, equal rights for women and ending discrimination and harassment against couples who are Interethnic marriage, interethnic, Interracial marriage, interracial, In ...
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Alimony
Alimony, also called aliment (Scotland), maintenance (England, Republic of Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Etymology The term alimony comes from the Latin word , from . Also derived from this word are the terms alimentary , and aliment . History The Code of Hammurabi (1754 BC) declares that a man must provide sustenance to a woman who has borne him children so that she can raise them: : 137. If a man wish to separate from a woman who has borne him children, or from his wife who ha ...
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Annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34 Void vs voidable marriage A difference exists between a '' void marriage'' and a ''voidable marriage''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void '' ab initio''. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during ...
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Legal Separation
Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. ' separation is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation ' is essentially a separation that is sanctioned by a court order ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, " residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the conce ...
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Monogamy
Monogamy ( ) is a social relation, relationship of Dyad (sociology), two individuals in which they form a mutual and exclusive intimate Significant other, partnership. Having only one partner at any one time, whether for life or #Serial monogamy, serial monogamy, contrasts with various forms of non-monogamy (e.g., polygamy or polyamory). The term monogamy, derived from Greek language, Greek for “one marriage,” has multiple context-dependent meanings—genetic, sexual, social, and marital—each varying in interpretation across cultures and disciplines, making its definition complex and often debated. The term is typically used to describe the behavioral ecology and sexual selection of animal mating systems, referring to the state of having only one Mating, mate at any one given time. In a human cultural context, monogamy typically refers to the custom of two individuals, regardless of orientation, committing to a sexually exclusive relationship. Monogamy in humans varies wi ...
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Infidelity
Infidelity (synonyms include non-consensual non-monogamy, cheating, straying, adultery, being unfaithful, two-timing, or having an affair) is a violation of a couple's emotional or sexual exclusivity that commonly results in feelings of anger, sexual jealousy, and rivalry. What constitutes infidelity depends on expectations within the relationship. In marital relationships, exclusivity is commonly assumed. Infidelity can cause psychological damage, including feelings of rage and betrayal, depression, low sexual and personal confidence, and even post-traumatic stress disorder. People of both sexes can experience social consequences if their act of infidelity becomes public, but the form and extent of these consequences can depend on the gender of the unfaithful person. Incidence After the Kinsey Reports came out in the early 1950s, findings suggested that historically and cross-culturally, extramarital sex has been a matter of regulation more than sex before marriage. The ...
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Marital Separation
Marital separation occurs when spouses in a marriage stop living together without getting divorced. Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses. A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. As for a divorce, the latter may include provisions for alimony, whether to have sole custody or shared parenting of any children, and the amount of child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ...
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Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a Legal guardian, guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher incom ...
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