Divorce

Divorce, also known as dissolution of marriage, is the process of ending a marriage. It usually involves canceling or changing the legal duties and responsibilities that come with being married, based on 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 other authority. This process can include deciding how to share property, who will take care of any children, and how much money one spouse might pay the other for support, known as alimony. It can also involve arrangements 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 declares the marriage never happened, or legal separation, where a couple stops living together but remains married in the eyes of the law. Reasons for divorce can include differences in personalities, conflicts, or other issues between spouses. The only countries that do not allow divorce are the Philippines and the Vatican City.

Overview

Divorce is when two people decide that their marriage is over and they want to live separately. The rules about divorce are different in every place, but there are two main ways it can happen: one where someone has to say the other person did something wrong, and one where people can just decide to split up without blaming each other. Even when someone doesn’t have to prove that the other person did something wrong, the court might still look at how both people behaved when deciding who gets what, like money or houses.

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

Law

See also: Divorce law by country

In different places, the rules about ending a marriage can vary a lot. Some areas allow ending a marriage without needing to prove that one person did something wrong, while others need one partner to 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 places where polygamy is permitted, divorce happens more often in marriages with more than one wife compared to marriages with one wife. There are a few reasons why polygamy influences divorce, such as money problems, happiness in relationships, and not having children. Some women choose to end their marriage to escape financial difficulties when they have the right to start a 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, which means they can happen without any religious involvement. This can lead to a couple being considered unmarried, married, or divorced by the government but having a different status according to their religion.

Different religions have different views on divorce. For example, Islam allows divorce but usually advises against it, and 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, and there are no ways for people of different faiths to marry except by doing so in another country. For Jewish couples in Israel, marriage and divorce are overseen by Orthodox rabbis, and 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 the process of ending a marriage. Studies show that women file for ending a marriage more often than men.

When ending a marriage, the way money and property are divided can differ between men and women. In the UK, women often receive better settlements than men in many cases. Some places have rules that treat men and women differently when ending a marriage.

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

Causes

In many places, more divorces are started by women than by men. In the United States, about 69% of divorces are started by women. Often, couples without children divorce more often than those with children.

Studies have looked at why couples decide to divorce. Some common reasons include issues like family problems, difficult situations at home, or habits that cause trouble, such as spending too much time working or dealing with addictions. Sometimes, these problems can lead to deeper feelings of 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; very expensive weddings can sometimes cause stress that affects the marriage.

The way couples begin their relationship before marriage, such as living together, can also play a role. Some studies show that couples who live together before marriage may have a higher chance of divorcing, though this can depend on cultural differences and changing attitudes over time.

Serious health issues, like a diagnosis of cancer, can also affect marriages, though studies on this topic have some limitations.

Effects

When parents decide to end their marriage through divorce, it can affect children in different ways. Some studies show that children from families where the parents divorce may have more trouble in school or with behavior compared to children whose parents stay married. However, sometimes divorce can also help families by reducing arguments and conflict at home.

Divorce can change the relationship between parents and children. Sometimes, one parent may have to work more to support the family, which can mean less time for the children. This might make the relationship feel different. Research also shows that parenting skills can temporarily decrease after a divorce, but often improve again over time.

Children can feel many different emotions when their parents divorce, including sadness or anxiety. Some studies have found that children whose parents divorce may have more problems in their own relationships later in life. This doesn’t mean it will always happen, but it can be a challenge for some families.

Overall, every family is different, and how divorce affects children can vary based on many factors, including how the parents handle the situation and support their children.

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. The highest rate was in 2019 with 3.36 divorces, but it has since decreased.

Women start more than 70% of divorces in China. China allows couples to divorce without proving any wrongdoing, which has been allowed since 1950. 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. After this rule began, divorce rates dropped by 72%, showing many couples changed their minds during the waiting period.

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'. There are several reasons why couples can divorce, including cheating, desertion for two years, being jailed for five or more years, cruel treatment, serious illness, and disagreements that can't be solved.

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. They also need to prove there is an "irretrievable breakdown" based on certain issues like cheating or bad behavior.

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. Before 2020, cheating was a crime in Taiwan.

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. From 1975 to 1988, women started about two-thirds of divorces when children were involved. 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 in different parts of the world. In some countries, like Ghana, Uganda, Nigeria, Kenya, India, Pakistan, the Philippines, and Indonesia, many people think divorce is not okay. But in 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 stands out because it 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 legal process for divorce in same-sex couples is usually the same as for any other couples. Same-sex marriage started 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. In some places, like Norway and Sweden, studies have shown that lesbian couples might divorce more often than gay couples or couples where the parents are a man and a woman. Also, same-sex couples living in rural areas might have higher divorce rates.

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

History

Greco-Roman culture

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

In Classical Athens, ending a marriage wasn’t seen as a legal process but more of a private choice. A man could end his marriage simply by sending his wife back to her family. It’s unclear what reasons were socially accepted for this, except that the law required men to end marriages if their wives were unfaithful. For women, the process was much harder. They had to appear before a public official to explain 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 out of kindness.

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 because they thought marriage made two people into one.

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, like leaving a partner or being unfaithful.

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. Muslim men can end a marriage by saying “Talaq” three times, but Muslim women must go to court.

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.