Divorce

Divorce, also called ending a marriage, is when a couple stops being married. It changes the legal duties and responsibilities that come with marriage. This follows the laws of the country or state.

Divorce laws vary considerably around the world. In most places, ending a marriage is a legal process that needs approval from a court or authority. This can include deciding how to share property, who will care for any children, and how much money one spouse might pay the other, called alimony. It can also involve plans for children to visit or spend time with both parents, called child visitation / access or parenting time, and deciding on child support. Most countries require people to be monogamous, meaning they can only be married to one person at a time, so divorce allows each former partner to marry someone else later.

Divorce is different from annulment, which says the marriage never happened, or legal separation, where a couple stops living together but stays married in the eyes of the law. The only countries that do not allow divorce are the Philippines and the Vatican City.

Overview

Divorce is when two people decide their marriage is over and they want to live separately. The rules about divorce are different everywhere, but there are two main ways it can happen. One way is when someone says the other person did something wrong. The other way is when people decide to split up without blaming each other.

Some countries let people divorce just because they want to, without needing a reason. Others make people wait a certain time or live apart before they can divorce. These rules change as ideas about marriage change over time. For example, many countries in Europe have made it easier to divorce recently by shortening the waiting time.

Law

See also: Divorce law by country

The rules about ending a marriage are different in different places. In some places, you can end a marriage without proving that someone did something wrong. In other places, one person must show a reason why the marriage should end.

Most places need a judge to officially end a marriage. The judge decides what happens to things like money, homes, and children. Sometimes, couples can agree on these things before they go to court, which can make things easier. If they cannot agree, a judge will decide for them.

There are different ways couples can end their marriage. Some choose to work together to find solutions, which can be less stressful and cheaper than going to court. In some countries, couples can even end their marriage online if they don’t have children or property to sort out.

Polygamy and divorce

Polygamy can affect divorce in countries where it is allowed. In these places, divorce happens more often in marriages with more than one wife. This is because of problems like money issues or unhappiness. Some women may choose to end their marriage if they are facing financial difficulties and have the right to divorce.

Religion and divorce

Main article: Religion and divorce

In some countries, the government handles marriages and divorces. Even if a religious leader performs the ceremony, the marriage and divorce are also dealt with by the government. This means couples might be seen as unmarried, married, or divorced by the government but have a different status according to their religion.

Different religions have different views on divorce. For example, Islam allows divorce but usually advises against it. Either partner can start the process. Christian views on divorce differ: Catholic teaching only allows annulment, while most other Christian groups discourage divorce except in cases of unfaithfulness. Jewish views of divorce also vary: Reform Judaism accepts civil divorces, while Conservative and Orthodox Judaism require the husband to give his wife a special document called a get to officially end the marriage.

In some countries influenced by the Ottoman Empire, like Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority, and Egypt, each religious group manages its own marriages and divorces. For example, Marriage in Israel is handled separately by each religious community. Jewish couples in Israel have marriage and divorce overseen by Orthodox rabbis. They can ask for a divorce either in a special religious court or a government court.

Gender and divorce

In the United States and the UK, more women than men start ending a marriage. Women often file to end a marriage more than men do.

How money and property are divided can be different for men and women. In the UK, women often get better settlements than men. Some places have rules that treat men and women differently when ending a marriage.

For some couples with certain religious traditions, special rules apply. For example, in some Jewish traditions, the husband must give a special document to end the marriage. If he does not agree, it can make it hard for the wife to move forward with her life.

Causes

In many places, more divorces are started by women than by men. Often, couples without children divorce more often than those with children.

Studies have looked at why couples decide to divorce. Some common reasons include family problems or difficult situations at home. Sometimes, these problems can lead to unhappiness in the marriage.

Researchers also study larger factors that might affect divorce, like how much money a couple makes or how old they were when they got married. Getting married later can sometimes help people choose a partner they are more compatible with. Having children together or regularly attending religious services can also help marriages stay together. How a couple spends money on their wedding can matter too.

Serious health issues, like a diagnosis of cancer, can also affect marriages.

Effects

When parents decide to end their marriage through divorce, it can affect children in different ways. Sometimes divorce can help families by reducing arguments and conflict at home.

Divorce can change the relationship between parents and children. One parent may have to work more, which can mean less time for the children. This might make the relationship feel different.

Children can feel many emotions when their parents divorce, including sadness. Every family is different, and how divorce affects children can vary based on many factors.

Statistics

Asia

China

China has one of the highest divorce rates in the Asia Pacific region. Since 2000, China's divorce rates have risen from 0.96 to 3.09 in 2020. Women start more than 70% of divorces in China. China allows couples to divorce without proving any wrongdoing. In 2021, China started a "cooling-off rule" where couples must wait 30 days before they can officially divorce. This rule aims to help couples think carefully before making this big decision.

India

India has one of the lowest divorce rates in the world, around 1% of marriages end in divorce. This is partly because divorce is still seen as unacceptable by many people.

Indonesia

In 2020, around 291,000 divorces happened in Indonesia. These numbers are lower than the year before, possibly because of the pandemic and more complicated divorce processes. Divorces in Indonesia are handled in religious courts for Muslims or through a special way for men called 'talaq'.

Iran

Iran has introduced rules to manage rising divorce rates. Laws make it easier for women to get a divorce if they can show they are not compatible with their husband. By 2021, about one in three marriages ended in divorce, linked to economic problems and changes in women's roles.

Japan

Japan saw divorce rates rise from the 1960s until 2002, when they reached a peak of 290,000 divorces. Since then, the numbers have gone down slightly. In 2020, there were about 193,300 divorces. There are three ways couples can divorce in Japan: by mutual agreement, through court mediation, or by court judgment if they cannot agree.

Singapore

Singapore has a divorce rate of 1.7 per 1,000 people. The numbers have been going down in recent years. In 2020, there were 6,700 divorces, the lowest number recorded. Women start most divorces. To get a divorce, couples must have been married for three years unless there are special reasons.

South Korea

In 2020, South Korea's divorce rate was 2.1 per 1,000 people. The number of divorces has been going down each year. More divorces happen among couples married for over 20 years or less than four years, showing that divorce is becoming more accepted.

Taiwan

Taiwan's divorce rate in 2020 was 2.19 per 1,000 people, the lowest in ten years. Many divorces happen without going to court if both agree. If one spouse does not agree, the other can file for divorce for reasons like bigamy, cheating, bad treatment, or desertion.

Europe

Divorce rates have gone up across Europe in the last ten years, but the rates differ between countries. In 2019, Luxembourg had the highest divorce rate, followed by Portugal, Finland, and Spain. Ireland and Malta had some of the lowest divorce rates.

Serbia

On average, for every three new marriages in Serbia, one ends in divorce. In 2019, there were 35,570 marriages and 10,899 divorces.

Sweden

Divorce in Sweden starts with one or both spouses applying to the district court. If they agree and have no children under 16, they can get a divorce quickly. If they have children under 16, they must wait six months before finishing the divorce. About half of all marriages in Sweden end in divorce, usually lasting about 11.7 years. The most common age for divorce is between 35 and 49.

United Kingdom

In 2015, the areas with the most divorces in the UK were near the coast, with Blackpool having the highest number. The UK divorce rate is about 42%, and in 2019, around 107,599 divorces happened. The most divorce applications happen on "Divorce Day," which is the first Monday of the new year.

North America

United States

The divorce rate in the United States in 2022 was 2.3 per 1,000 people, lower than in years past like 2001 when it was 4.1. Divorce rates differ between states. Today, about 95% of divorces are "uncontested," meaning couples agree on issues like property and children without a court hearing.

Oceania

Australia

Australia's divorce rate in 2020 was 1.9 per 1,000 people, about the same as the year before but much lower than in 2000 when it was 2.6. To get a divorce, couples must have been separated for at least 12 months.

New Zealand

New Zealand's divorce rate in 2020 was 7.6 per 1,000 people, down from 13.3 in 1983 and 8.4 in 2019. To get a divorce, couples must have been separated for at least two years. If they both agree, the divorce can happen quickly, but if only one spouse applies, the other can object for a certain time.

Africa

South Africa

The number of divorces in South Africa went up by 0.3% from 25,260 in 2015 to 25,326 in 2016. About 44.4% of these divorces were from marriages that did not last ten years. Women started 51.1% of the divorces in 2016, while men started 34.2%.

Social attitudes

People have different feelings about divorce around the world. In some countries, such as Ghana, Uganda, Nigeria, Kenya, India, Pakistan, the Philippines, and Indonesia, many people think divorce is not okay. In other places, like Europe, Latin America, the United States, and some Muslim-majority countries such as Jordan, Egypt, and Lebanon, most people think divorce is acceptable.

Mauritania has a long history of accepting divorce, and it is thought to have one of the highest divorce rates in the world. Some adults there may marry and divorce many times during their lives. Studies also show that people in unhappy marriages may feel worse emotionally.

In same-sex married couples

The rules for divorce in same-sex couples are usually the same as for any other couples. Same-sex marriage began in many big European countries like France in 2013, the UK in 2014, and Germany in 2017. Because this is fairly new, there isn't a lot of information about how often same-sex couples divorce.

When same-sex couples divorce, there can be questions about who will take care of any children. Courts look at what is best for the child, thinking about what the parents and the child want, and how everyone gets along.

History

Greco-Roman culture

See also: Marriage in ancient Greece and Marriage in ancient Rome

In Classical Athens, ending a marriage wasn’t a legal process. A man could end his marriage by sending his wife back to her family. It’s unclear why this was allowed, except that men had to end marriages if their wives were unfaithful. For women, the process was harder. They had to explain to a public official why they wanted to end their marriage, which was unusual because women normally couldn’t speak for themselves in court.

In early Rome, divorce was rare, but as the empire grew, Roman civil law allowed either partner to end a marriage whenever they wanted. Later leaders like Constantine and Theodosius made divorce harder, but Justinian made it easier again in the 6th century.

Mali Empire

In post-classical Mali, rules about divorced women were written down in the Timbuktu manuscripts.

Medieval Europe

After the Roman Empire fell, church leaders had more control over family life than government leaders. The Catholic and Orthodox churches had different views on divorce.

The Orthodox Church thought that sometimes it was better for couples to separate. They believed marriage was very important, but if one person did something very wrong, like being unfaithful or leaving for a long time, the Church would allow the couple to separate.

By the 9th or 10th century, the Catholic Church had greatly reduced divorce because they saw marriage as a special promise made to Jesus Christ that couldn’t be broken by normal people. Even though full divorce wasn’t allowed, couples could sometimes separate. This was called “divorce from bed-and-board,” where the husband and wife lived apart but were still married in the eyes of the Church. Church leaders decided when a marriage could be ended.

Secularisation in Europe

After the Reformation, leaders in some parts of Europe began to see marriage as a contract instead of a religious promise, so civil authorities started to allow divorce. At first, courts were very careful about allowing divorce and only agreed when one partner had broken a very important promise in the marriage. Over time, more reasons were accepted for divorce.

In Britain, before 1857, divorce was very difficult and expensive. The Matrimonial Causes Act 1857 made divorce a matter for civil courts instead of the Church, making it more possible for ordinary people to end their marriages.

In Spain, divorce became legal in 1931 but was banned again under General Franco. It became legal again in 1981. In Italy, divorce became legal in 1970 after a vote by the people.

Ireland and Malta allowed divorce in votes in 1995 and 2011.

Divorce became more common in the 20th century in many developed countries as ideas about family and relationships changed.

Japan

In old Japan, husbands could end a marriage by writing a letter, but wives couldn’t. Some wives could stay in special temples for three years to pressure their husbands to agree to divorce.

Today, there are different ways to divorce in Japan, including mutual agreement, going through a family court, or a court decision if the couple can’t agree.

India

India has different laws for different religious groups. The Special Marriage Act of 1954 allows people of any religion to marry and divorce. The Hindu Marriage Act of 1955 allows Hindus to divorce under certain conditions.

Islamic law

Divorce in Islam can happen in different ways, either started by the husband or the wife. The rules have changed over time and place.

Philippines

Divorce isn’t allowed for most Filipinos. Only Muslim Filipinos can divorce under special laws. The process can be long and expensive, and many married people stay in relationships even when they’re unhappy.

Early America

In the early days of America, marriage was seen as important for having children and earning money. Divorce was only allowed if one person lied to the other about important things like money or health.

Patterns

Divorce rates often go up during tough times, like wars or big events. After World War II, many people got married quickly before going to war. But when the soldiers came back, they realized they didn’t have much in common with their spouses anymore, which led to more divorces.

In 2024, many famous celebrities chose to have private, quiet divorces instead of the very public ones they had in earlier years.