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Divorce

Divorce

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property. In many developed countries, divorce rates have increased markedly during the twentieth century. Among the states in which divorce has become commonplace are the United States, Korea and members of the European Union. In U.S, Canada, the United Kingdom and some other developed Commonwealth countries, this boom in divorce developed in the last half of the twentieth century. Japan retains a markedly lower divorce rate, though it has increased in recent years. In addition, acceptance of the single-parent family has resulted in many women deciding to have children outside marriage as there is little remaining social stigma attached to unwed mothers. The subject of divorce as a social phenomenon is an important research topic in sociology. A divorce is through a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements, or simply ratify terms that the spouses have agreed on privately. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful (and expensive) litigation. A less adversarial approach to divorce settlements has also emerged in recent years, known as family mediation, an attempt to negotiate mutually acceptable resolution to conflicts.

History of divorce

Divorce in some jurisdictions is a relatively recent phenomenon. In Canada there was no divorce law until the 1960s. Before that the only way to get divorced was to apply to the Canadian Senate where a special committee would undertake an investigation of a request for a divorce and if they found that the request had merit, the marriage would be dissolved by an Act of Parliament.

Great Britain

Scotland

In Scotland, until 1560, when papal authority was abolished by Act of Parliament, the law on marriage was the canon law. This did not recognise divorce. With the Reformation, the common law recognised divorce for adultery and, by statute in 1573, desertion was also recognised as a ground for divorce. Thereafter, until 1830, the law was judicially developed by the Commissary Court of Edinburgh. In 1830, jurisdiction in divorce actions passed to the Court of Session. The grounds, however, remained the same until the development of the concept of the matrimonial offence resulted, in the Divorce (Scotland) Act 1938, in the addition of cruelty, sodomy, and bestiality as grounds; the concept of no-fault divorce was introduced in the same Act with the addition of ‘incurable insanity’ as a ground. Growing recognition that ‘fault’ was not necessarily at the root of marriage breakdown led to the passage of the Divorce (Scotland) Act 1976, which provided that ‘irretrievable breakdown’ was the sole ground of divorce; but, contradictorily, went on to provide that this could only be evidenced by one of five sets of facts: adultery, desertion, unreasonable behaviour, two years separation plus the defenders consent to divorce, or five years separation. The third of these came to be so generously interpreted by the courts as to form the most popular ground for divorce for a time. Subsequently, the Sheriff Court acquired a concurrent jurisdiction in divorce actions; and the introduction of ‘do-it-yourself’ divorce has led to a situation in which the vast majority of divorces in Scotland are uncontentious; the very few exceptions mostly being those in which there is financial argument.

England and Wales

Legal recognition of divorce in England came long later. Prior to 1670 a marriage could only be ended by the Church courts if it could be shown to have never existed in the first place, either through inability to consent (e.g. insanity) or by want of capacity to marry (e.g. precontract, consanguinity, the two parties were related by a previous marriage). A marriage could also be ended if one of the parties was impotent or frigid when the marriage was contracted. It was also possible to get a legal separation from the church known as divorce a mensa et thoro (from board and hearth). Grounds for the separation included adultery, cruelty and heresy, and it meant that any offspring were not rendered illegitimate. However neither spouse could remarry until the other had died. In his 1990 work on the subject, Road to Divorce: England 1530-1987, the late historian Lawrence Stone was one of the first to point out that the legal barriers to divorce were not an absolute bar against remarriage, since the short life expectancy of the time guaranteed that one spouse would certainly outlive the other (and would soon be free to marry again). In the 1530s, Henry VIII decided that he wished to divorce his first wife, Catherine of Aragon, on the grounds of affinity; he argued that, since Catherine was his brother Arthur's widow, the marriage had never really existed. Catherine claimed that her marriage to Arthur had never been properly consummated. In 1533 Thomas Cranmer was appointed Archbishop of Canterbury and he declared that Henry's marriage to Catherine was void, effectively bastardizing their daughter Mary (later Mary I). In 1536 Cranmer similarly declared Henry's marriage to Anne Boleyn void, most probably due to Henry's previous relationship with Anne's sister Mary Boleyn. Cranmer tried to reform the Church of England's Canon law so that it allowed divorce for adultery, cruelty, and desertion, but these changes were not implemented. Following Lord Roos's divorce on the grounds of adultery in 1670, the procedure for divorce in English law went as follows: first the husband brought an action for "criminal conversation" to establish the adultery, then he obtained a divorce a mensa et thoro from the church and then finally he petitioned the House of Lords to grant the divorce. In 1853 a Royal Commission made recommendations on how to improve the procedure of getting a divorce. In 1857 the Court for Divorce and Matrimonial Causes, based in London, was established, taking over the divorce duties of the church courts. Men could obtain divorce for adultery, but women had to prove cruelty or desertion, in addition to their husband's adultery. In 1923 women were allowed to use the same grounds for divorce as men. In 1969, after much debate, 'irretrievable breakdown', on the basis of one of five grounds became the test for divorce. Alternatives to divorce are 'nullity' (see annulment) or 'judicial separation' which may be suitable where there is religious scruples against divorce!

Causes of divorce

An annual study in the UK by management consultants Grant Thornton, estimates the main causes of divorce based on surveys of matrimonial lawyers (see [http://www.grant-thornton.co.uk/pages/press_room-press_releases-extra-marital_affairs_remain_biggest_cause_for_divorce_as_major_increases_in_family_strains_and_emotional_physical_abuse_also_cause_more_splits_new_survey_.html]). The main causes in 2004 (2003) were:
- Extra-marital affairs - 27% (29%)
- Family strains - 18% (11%)
- Emotional/physical abuse - 17% (10%)
- Mid-life crisis - 13% (not in 2003 survey)
- Addictions, e.g. alcoholism and gambling - 6% (5%)
- Workaholism - 6% (5%) According to this survey, men engaged in extra-marital affairs in 75% (55%) of cases; women in 25% (45%). In cases of family strain, women's families were the primary source of strain in 78%, compared to 22% of men's families. Emotional and physical abuse were more evenly split, with women affected in 60% and men in 40% of cases. In 70% of workaholism-related divorces it was men who were the cause, and 30% women. The 2004 survey found that 93% of divorce cases were petitioned by women, very few of which were contested. 53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce. Regarding divorce settlements, as defined by this survey women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50-50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The 2004 report concluded that campaigns like that of Fathers 4 Justice must succeed in increasing the percentage of shared residence orders, in order for more equitable financial divisions to become the norm.

Religious/cultural attitudes to divorce

Many countries in Europe, such as France prohibited divorce as it was not condoned by the Catholic church. Sometimes citizens would have to travel to other jurisdictions to obtain a divorce. In Islam divorce is allowed, although discouraged. Only the husband can decide to have a no-fault divorce. Under Sharia law, a husband may repeat a declaration of divorce three times. Also, for husbands, plural marriage is allowed under Sharia, but. In Sharia, the custody of the children would always go to the father (more on Islamic child custudy later). Islam, unlike Christianity, considers marriage to be a legal contract; and the act of obtaining a divorce is essentially the act of legally dissolving the contract. If a man pronounces three divorces against a free woman, or two against a slave, he can lawfully wed neither of them again, unless they have been espoused by another, and this second husband dies, or divorces them. Judaism recognized the concept of "no-fault" divorce thousands of years ago. Judaism has always accepted divorce as a fact of life (for example, see Deuteronomy chapters 22 and 24), albeit an unfortunate one (for example, the prophet Malachi states "'I hate divorce,' says the LORD God of Israel"). Judaism generally maintains that it is better for a couple to divorce than to remain together in a state of constant bitterness and strife. Also see [http://www.jewfaq.org/divorce.htm] and Get in the Conflict of Laws.

Divorce's financial implications

Divorce leads to the creation of two households rather than one, with consequent increased costs. All parties suffer these effects. As more men are awarded child custody, many of the roles and difficulties decribed below may be reversed, although men who are awarded custody have historically been less likely to be awarded child support or alimony. Women often financially suffer as a result of divorce due to lower earning potential in many countries, and to their greater historical role in rearing children (these causes are not unrelated). They more often obtain custody of children after the divorce, reducing their ability to pursue well-paid employment. Child support collection is a major problem: some fathers do not accept that they have an obligation towards their children, while others accept such an obligation but cannot fulfill it. Many national and local governments provide some kind of welfare system for divorced mothers and their children. See single mother for details. Men are also often victims of divorce, both financially and in other ways. Court-ordered alimony and child support can be beggaring, often pegged to large percentages of the higher-earning spouse's income. Such obligations can make it impossible for paying spouses to remarry, and if they do remarry, the law often puts the payor's prior obligations before his and his new family's needs. Additionally non-custodial spouses (more often men) are often blocked from access to their children. This damages the children as absence of fathers strongly decreases children's overall well-being (delinquency, mental health, stability of marriage in turn, etc). Groups such as Families Need Fathers fight this trend by working to promote healthy relationships between children and their non-custodial parents and other relatives. Currently in the US, federal law makes non-payment of child support a felony, whereas refusal to honor court-ordered visitation decision is not, and seldom results in any punishment or compulsion to change. Additionally the Bradley Amendment revoked due process for support-paying parents, removing the ability of judges to reduce child support obligations in cases of unemployment, state statutes of limitations, bankruptcy, incapacitation or other extremity. Some feel this gives inordinate power to custodial parents, at the expense of both their former spouses and their children. In the USA, a spouse who resides in a community property state and lacks a prenuptial agreement can be at a disadvantage if he or she earns more than the other spouse. In these states, the property is split 50/50 regardless of who earned the money. This is true even if the poorer spouse has committed adultery or initiates the divorce. On the other hand, less tangible assets such as putting a spouse through school or providing a good home are difficult to value in dollars, and a spouse whose contributions are less tangible can also be disadvantaged. Most states in the USA are not community property states. However, some large and populous ones such as California, along with a few smaller ones, are. Some states instead impose a standard of "equitable" rather than equal division, attempting to address the many complexities involved in separating out years of financial sharing. In such state judges have greater power to balance various contributions to the marriage. A prenuptial agreement before marriage can reduce conflict over financial division should a divorce be undertaken later, although courts sometimes overturn these agreements.

Divorce's medical and psychological implications

Until recently it was thought that divorce was almost always a positive experience for spouses. More recent longtitudinal studies have revealed that many divorced people are no happier after divorce (although some are). For example University of Chicago sociologist Linda Waite [Waite 2003] analyzes the relationships between marriage, divorce and happiness using the National Survey of Family and Households. Her research shows that unhappily married adults who had divorced were no happier than those who had stayed married. The 13 measures of well being include self-esteem, personal mastery, depression, purpose in life and alcohol drinks per day. Until recently it was also thought that children's difficulties with divorce, while common, were short-lived. However, recent work has shown that a major cost to children comes long after: when they attempt to form stable marriages themselves. There is extensive and heated debate over just how much harm, just how many children are harmed to what extent, what factors mediate the harm, and so on; however, even strong optimists such as Mavis Hetherington [Hetherington 2002] acknowledge that many (not all) children of divorce are substantially disadvantaged. However, Hetherington (a University of Virginia professor) also states that 70% of children coming from divorced families consider divorce an adequate answer to marital problems (even if children are present), compared to only 40% of children from non-divorced families. This suggests that divorce rebounds upon itself from one generation to the next. In addition, children from divorced families initiate sex earlier and are more likely to cohabit before marriage. Cohabitation before marriage is correlated with an 9% greater chance of getting a divorce [Bramlett 2001]. Children from divorced families have a higher chance of behavioral problems, are six times more likely to be abused (in their step families) than children in intact families, and have a greater chance of living in poverty [Fagan 2000]. Other social consequences of divorce are also known: "offspring of divorce were more likely to engage in criminal behavior, drug use, alcoholism and suicide than children of never-divorced children (A Divorce Free America p.4)." Constance Ahron, who has published books suggesting there may be positive effects for children, interviewed ninety-eight divorced families' children for We're Still Family: What Grown Children Have to Say About Their Parents' Divorce [Ahron 2004]. Numerous subjects said things like "I saw some of the things my parents did and know not to do that in my marriage and see the way they treated each other and know not to do that to my spouse and my children. I know [the divorce] has made me more committed to my husband and my children." A primary claimed benefit of divorce for children is that they become more committed to avoiding divorce. However, children of divorce in fact divorce more often, so this putative effect provides no net benefit. Ahron's method of asking adult children of divorce how they feel about it also has the well-known weakness of "self-report" studies. Researchers are unlikely to hear negative responses even from people who were harmed (people are unlikely to say "it destroyed me" or "I've never fully recovered" after years of adjusting to the fact of one's parents' divorce...). In cases of extremely high conflict, divorce can be positive. An article in the Oklahoma Bar Journal [Bartlett 2004] defines "high conflict" in terms of ongoing litigation, anger and distress, verbal abuse, physical aggression or threats of physical aggression, difficulty in communicating about and cooperating in child care, or other court-determined factors. In marriages falling short of this standard, however, studies overwhelmingly find that divorce has serious costs for children's well-being. In reviewing [Amato 1997], Norval D. Glenn and David Blankenhorn of the Los Angeles Times [http://www.hup.harvard.edu/reviews/AMAGER_R.html ] comment that "Amato estimates that at most a third of divorces involving children are so distressed that the children are likely to benefit. The remainder, about 70%, involve low-conflict marriages that apparently harm children much less than do the realities of divorce..." Medical statistics show that all parties to a divorce are likely (not certain) to suffer increased morbidity and mortality. See [Gallagher 1999] for additional statistics and references. For example, divorce:
- doubles the partners' risks of alcoholism and other substance abuse. Robert H. Coombs, Professor of Behavioral Sciences at UCLA, reviewed over 130 studies measuring how marital status affects personal well-being. They "attest that married people live longer and generally are more emotionally and physically healthy than the unmarried." Also, "studies consistently found more alcoholism and problem drinking among the unmarried than the married." The separated and divorced account for 70% of all chronic problem drinkers, and marrieds 15% [Coombs 1991].
- greatly increases the partners' and children's risks of depression. "Family disruption and low socioeconomic status in early childhood increase the long-term risk for major depression" [Gilman 2003].
- for men and women, leads to a several times higher rate of psychiatric care than married people. Studies vary, suggesting from 5 to 21 times the risk, and vary over whether men or women are more seriously affected [Marks 1998] and [Bloom 1979].
- multiplies men's suicide risk, making them nearly 9.7 times likelier than women to commit suicide even after controlling for other risk factors, according to a study by Augustine Kposowa, a University of California at Riverside sociologist [Kposowa 2003]. This study quantified earlier work [Kposowa 2000] that estimated an increased risk of 2.7 times for men. Divorce is now the leading factor linked with suicide.
- is the leading factor in child suicide and homicide rates [Lester 1993].
- reduces sons' life expectancy by about 4 years, daughters' by somewhat less, and parents' as well [for example, see [Smock 1993], [US Bureau of the Census 1991], [Dickson 1993], [Arendell 1995], [Amato 1991], and [Joung 1994].
- children of divorce are 5 times more likely to live in poverty (thus having poorer nutrition, health care, etc.) [McLanahan 1994]. Divorce also greatly increases the chances for
- stroke See [Engstrom 2004]: "Marital dissolution is followed by an increased incidence of stroke."
- cancer. Married cancer patients are also more likely to recover than divorced ones [Goodwin 1987].
- acute infectious diseases, parasitic diseases, respiratory illnesses, digestive illnesses, and severe injuries. See [Lawson 2000]. In support of these particular claims, that article cites [US Bureau of the Census 1991] and [Albrecht 1980].
- heart problems. Some research suggests that childhood trauma, including parental divorce, can lead to much greater risk of heart attack in later life. See [O'Rand 2005]. Combined with job stress, divorce led to a 69% increase of death rate among men with above average risk of heart disease [Reuters 2002].
- rheumatoid arthritis and osteoarthritis. [Mili 2002] shows a 30% increase in risk at any given age. [Kopec 2003] finds that parental divorce leads to increased risk of arthritis for children later in life.
- sexually transmitted diseases. For example, in Uganda "Results from a baseline survey of HIV-1 infection in the cohort of over 4,000 adults (over 12 years old) showed a twofold increase in risk of infection in divorced or separated persons when compared with those who are married." [Nabaitu 1994]. Many additional studies show health problems not only for children of divorce, but for children of single-parent families in general, or children of those single-parent families not caused by death of one parent. For example, the rate of Sudden Infant Death Syndrome was 3 times higher when the birth registery indicated both parents but they were unmarried, and 7 times higher when only the mother even appeared on the registry. [Office for National Statistics (UK) 2002]. Yale researcher Harold J. Morowitz [Morowitz 1975] comments that "being divorced and a nonsmoker is [only] slightly less dangerous than smoking a pack a day and staying married." [Wallerstein 2000], which revealed some of these effects, was at first criticized because the subjects were all drawn from an affluent section of California rather than a broader sample. This is a real issue. However, more recent studies have confirmed her findings, and sometimes shown that her sample group was actually better off than average. Perhaps unsurprisingly, families with lower income, education, etc., do somewhat worse than Wallerstein's more advantaged subjects.

Legal aspects of divorce

Muslim societies

No-fault divorce is allowed in Islam, though Islam discourages divorce. If the man seeks divorce he has to cover the expenses of his ex-wife feeding his child and expenses of the child until the child is two years old ( that is if the child is under two years old). After the second birthday the child returns to the father. If it is the wife who seeks divorce, she must go to a court. She must provide evidence of ill treatment, inability to sustain her financially or sexual impotence on the part of the husband. The husband may be given time to fix the problem, but if he fails, the judge will divorce the couple. [http://www.islamonline.net/askaboutislam/display.asp?hquestionID=3202]. See also: Talaq in Conflict of Laws, At-Talaq and Triple talaq.

United States

Divorce in the United States is a matter of state rather than federal law. The laws of the state(s) of residence at the time of divorce govern, not those of the location where the couple was married. All states recognize divorces granted by any other state. All states impose a minimum time of residence, Nevada currently being the shortest at 6 weeks. Some countries provide "divorce mills" by which couples or individuals can circumvent residency requirements, but states are not bound to recognize such divorces. Prior to the latter decades of the 20th century, a spouse seeking divorce had to show a tangible cause such as cruelty, incurable mental illness, or adultery. Even in such cases, a divorce was barred in cases such as the suing spouse's procurement or connivance (contributing to the fault, such as by arranging for adultery), condonation (forgiving the fault either explicitly or by continuing to cohabit after knowing of it), or recrimination (the suing spouse also being guilty). Typically, a county court’s family division judges petitions for dissolution of marriages. [http://www.abanet.org/nawl/about/history.html] [http://www.ncsconline.org/WC/Publications/KIS_GndrBiasBibStateLnksPub.pdf] The National Association of Women Lawyers was instrumental in convincing the American Bar Association to help create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Divorce Bill). In some states fault grounds remain, but all states except New York now provide other grounds as well, variously termed irreconcilable differences, irremediable breakdown, loss of affection, or similar. For such grounds no fault need be proven and little defense is possible. However, most states require some waiting period, typically a 1 to 2 year separation. Some have argued that the lack of means to contest a no-fault divorce makes a marriage contract the easiest of all contracts to dissolve, and in very recent years some have begun to favor moderate divorce reforms such as requiring mutual consent for no-fault divorce. However, no such laws have been passed as of this writing. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, alimony, and so on. States vary in the admissibility of such evidence for those decisions. In any case, a no-fault divorce can be arranged far more easily and cheaply. Mediation is a growing way of resolving divorce issues. It tends to be less adversarial (particularly important for any children), allows the parties greater control and privacy, saves money, and generally achieves similar outcomes to the normal adversarial process. Also, courts will often approve a mediated settlement quickly [Hoffman 1999]. A new movement towards Colaborative Law, where both sides are represented by attorneys but commit to negotiating a settlement, is also gaining momentum. Relatively amicable approaches such as this may reduce the trauma of divorce for all parties. Most experts agree that these methods are not appropriate for all relationships, especially those that included physical or emotional abuse. Hostile divorces, in contrast, can be expensive and sometimes acrimonious. Fault grounds can be unpleasant enough when true, and may sometimes be falsely alleged, as may anything else that an unethical spouse can think of. In the 1990's heated debate arose over accusations of domestic violence and of child sexual abuse arising in the course of hostile divorces. Some found a rapid increase in such charges and in the percentage of them eventually that were found baseless; others found there to be no such problems. It is unlikely the truth will ever be fully known. States vary in their rules for division of assets in a divorce. Attempt is made to assure the welfare of any minor children generally through their 21st birthday. Thus, the spouse given custody (or the spouse with the greater share of residence time in the case of joint custody), may receive assets to compensate their greater child-care expenses. Commonly, assets acquired before marriage are considered individual, and assets acquired after, marital. Depending on the state, an equitable or equal division of assets is then sought. Alimony, also known as 'maintenance' or 'spousal support' is still being granted in many cases, especially in longer term marriages. [http://www.divorcemediation.norwalk.ct.us/study_of_divorce_outcomes.htm Connecticut, for instance grants alimony in over 25% of cases]. Alimony is also likely in cases where a spouse has remedial needs that must be met in order for the spouse to become fully employable, for example that one spouse gave up career opportunities or development in order to devote themselves to the family. Permanent alimony becomes likelier in marriages that exceed 12 years. A decree of divorce will generally not be granted until all questions regarding child care and custody, division of property and assets, and ongoing financial support are resolved. The decades following introduction of no-fault divorce laws saw an extraordinary increase in divorce rates and economic sequelae such as increased poverty rates for divorced women and their children, and increased morbidity and mortality of divorced men. Women were for some time nearly always awarded child custody, though there has seldom if ever been statutory support for this tradition. In recent years this pattern has decreased, as more men fight for legal rights of access to their children (fathers' rights) and for gender equity in this area. Nearly all states have since formed gender bias task forces, and many courts are working toward the ideal of total equality and fairness, says a State Task Force Report by the National Center for State Courts [http://ncsconline.org/]. Since the mid 1990's a few states have enacted covenant marriage laws, which allow couples to voluntarily make a divorce more difficult for themselves to obtain than in the typical no-fault divorce action. For example, couples who choose to undertake a covenant marriage may be required to undergo counseling before a divorce can be granted, or to submit their conflicts to mediation. In states lacking such provisions, some couples sign contracts undertaking the same obligations. Recent sociological studies have discovered a variety of long-term economic, social, physical, and mental health consequences of divorce, although the full extent of such effects remains hotly debated. Policymakers' attention to such studies is growing, but has not yet substantially influenced the US family law system. These apply to women, men, and children, though perhaps effects on children should be of most concern (in particualar cases, courts may appoint a "guardian ad litem" to represent children's interests). Any list of formal sociological articles on aftereffects of divorce would quickly become obsolete, but among the more accessible books are [Wallerstein 2000] (best known for discovering the long-term effects of divorce on children) and [Hetherington 2002] (perhaps best known for emphasizing that not all kids fare so badly, and that divorce can actually help children living in high-conflict homes such as those with domestic violence). In recent years, a few high-profile court cases have involved children "divorcing" their parents, or being legally declared emancipated minors. Perhaps the best known are those of actor Macaulay Culkin and Olympic gymnast Dominique Moceanu (see BBC News June 23, 1999 [http://news.bbc.co.uk/1/hi/uk/376548.stm]. However, these are not properly "divorce" cases, and different laws apply.

Canada

In Canada while civil and political rights are in the jurisdiction of the provinces of Canada, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, that differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces. The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year. Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming. [http://www.ottawadivorce.com] The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated, since there is no such thing as a "legal separation" in Canada. [http://www.A1-ontario-divorce.com] A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year. On September 13, 2004, the Ontario Court of Appeal declared the Divorce Act also unconstitutional for excluding same-sex marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorce. [http://www.theglobeandmail.com/servlet/story/RTGAM.20040913.wdivor0913/BNStory/National/]

France

The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60% of all divorces); acceptance; separation of 2 years; and due to the 'fault' of one partner (accounting for most of the other 40%).

Japan

In Japan, there are four types of divorce. Divorce By Mutual Consent (kyogi rikon), Divorce By Family Court Mediation (chotei rikon), Divorce By Family court Judgement (shimpan rikon), and Divorce by District Court Judgment (saiban rikon). Divorce by mutual consent is a simple process of submitting a declaration to the relevant government office that says both spouses agree to divorce. This form is often called the "Green Form" due to the wide green band across the top. If both parties fail to reach agreement on conditions of a Divorce By Mutual Consent, such as child custody which must be specified on the divorce form, then they must use one of the other three types of divorce. It should also be noted that another type may also be necessary in the case of an international divorce, as Japan's Divorce By Mutual Consent is not recognized by all countries. Divorce By Mutual Consent in Japan differs from divorce in many other countries in that it is not always possible to verify the identity of the non Japanese spouse in the case of an international divorce. This is due to two facts. First, both spouses do not have to be present when submitting the divorce form to the government office. Second, a Japanese citizen must authorize the divorce form using a personal stamp (hanko), and Japan has a legal mechanism for registration of personal stamps. On the other hand, a non-Japanese citizen can authorize the divorce form with a signature. But there is no such legal registry for signatures, making forgery of the signature of a non-Japanese spouse difficult to prevent at best, and impossible to prevent without forsight. The only defense against such forgery is, before the forgery occurs, to submit yet another form to prevent a divorce form from being legally accepted by the government office at all. This form must be renewed every six months. :The non-profit organization [http://www.crnjapan.com Children's Rights Network of Japan] provides additional information in English about divorce in Japan, along with translations of [http://www.crnjapan.com/japan_law/ Japanese family court laws] and [http://www.crnjapan.com/forms/ Japanese legal forms.]

Scotland

About one third of marriages in Scotland end in divorce, on average after about thirteen years ([http://www.scotland.gov.uk/cru/resfinds/lsf43-00.asp ‘Family Formation and Dissolution]). Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer. The grounds of divorce are, as described above, contained in the Divorce (Scotland) Act 1976. There have however been proposals for a number of years for their reform and simplification; see for example [http://www.scotland.gov.uk/library2/doc11/rfl-00.asp Scottish Law Commission report on Family Law no 135] and [http://www.scotland.gov.uk/library4/JD/CL/00019211.aspx more recent proposals by the Scottish Executive]. It is likely that the two year separation period required for a no-fault divorce with consent will be reduced to one year. Family law issues are devolved, so are now the responsibility of the Scottish Parliament and Scottish Executive. Financial consequences of divorce are dealt with by the Family Law (Scotland) Act 1985. This provides for a division of matrimonial property on divorce. Matrimonial property is generally all the property acquired by the spouses during the marriage but before their separation, as well as housing and furnishings acquired for use as a home before the marriage, but excludes property gifted or inherited. Either party to the marriage can apply to the court for an order under the 1985 Act. The court can make orders for the payment of a capital sum, the transfer of property, the payment of periodical sums, and other incidental orders. In making an order, the court is, under the Act, guided by the following principles: (1)The net value of the matrimonial property should be shared fairly, and the starting point is that it should be shared equally; but (2) fair account should be taken of economic advantage derived by either party from contributions by the other, and of economic disadvantage suffered by either party in the interests of the other party or of the family; and (3) The economic burden of caring for a child of the marriage under 16 years should be shared fairly between the parties (but child support is not normally awarded by the court, as this is in most cases a matter for the Child Support Agency). The general approach of the Scottish courts is to settle financial issues by the award of a capital sum if at all possible, allowing for a ‘clean break’ settlement, but in some cases periodical allowances may be paid, usually for a limited period. Fault is not normally taken into account. Decisions as to parental responsibilities, such as residence and contact orders, are dealt with under the Children (Scotland) Act 1995. The guiding principle is the best interests of the child, although the starting assumption is in practice that it is in a child’s best interests to maintain contact with the non-custodial parent.

England and Wales

Divorce is commenced by the issuing of a petition, which must be acknowledged by the other party. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'. Relevant laws are:
- Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii)
- [http://www.hmso.gov.uk/acts/acts1996/1996027.htm#aofs Family Law Act 1996]
- [http://www.legislation.hmso.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm Children Act 1989]
- [http://www.hmso.gov.uk/si/si1991/Uksi_19911991_en_1.htm#tcon The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991]
- Marriage Act 1949

Global issues

Where people from different countries get married, and one or both then choose to reside in another country, the procedures for divorce can become significantly more complicated. Although most countries make divorce possible, the form of settlement or agreement following divorce may be very different depending on where the divorce takes place. In some countries there may be a bias towards the man regarding property settlements, and in others there may be a bias towards the woman, both concerning property, and also custody of any children. One or both parties may seek to divorce in a country which has jurisdiction over them. Normally there will be a residence requirement in the country in which the divorce takes place. Some of the more important aspects of divorce law involve the provisions for any children involved in the marriage, and problems may arise due to abduction of children by one parent, or restriction of access rights to children. For the Conflict of Laws issues, see divorce (conflict).

Statistics

The divorce rate is low among Muslims compared to other groups; some think that the rate is slowly rising. For example: in 2004 in Singapore (which has an 18% Muslim minority) many feared that the divorce rate among Muslims had risen too high: 9 out of every 1000 marriages, a ratio three times higher than Malaysia and five times higher than Indonesia[http://www.muslimnews.co.uk/news/news.php?article=7986]. In the United States, [http://www.cdc.gov/nchs/fastats/divorce.htm in 2003 there were 7.5 marriages per 1000 people and 3.8 divorces per 1000] according to the U.S. Department of Health and Human Services. In other words, there were half as many divorces as marriages that year. Statistics like these are frequently interpreted to mean that half of all marriages end in divorce. That conclusion, strictly speaking, does not follow from those data, but other government surveys of marriages over time have found similar percentages of marriages ultimately ending in divorce. A study [Bramlett 2001] based on a 1995 survey, found that 43 percent of first marriages ended in separation or divorce within 15 years, with 1 in 3 ending within 10 years and 1 in 5 ending within 5 years. According to [Brinig 2000], women currently file slightly more than two-thirds of divorce cases in the US. There is some variation among states, and the numbers have also varied over time, with about 60% of filings by women in most of the 19th century, and over 70% by women in some states just after no-fault divorce was introduced, according to the paper. States in the US handle billions of dollars in alimony and child support arrangements, which commonly result from divorces. (According to a [http://www.census.gov/prod/2003pubs/p60-225.pdf 2003 US census report], 43.7 percent of custodial mothers and 56.2 percent of custodial fathers, are divorced or separated.) A [http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html 2005 Census Bureau Report] found that in 2002, $40 billion had been paid in support arrangements by 7.8 million payers, 84% of whom were men. States also collected federal incentives to collect support payments, with a potential incentive pool of [http://www.ssa.gov/OP_Home/ssact/title04/0458.htm up to $454 million in fiscal 2004]. A [http://www.ncsea.org/media/ media kit for the National Child Support Enforcement Association], a child support advocacy group, claims that 60,000 professionals work to administer and enforce child support arrangements.

References


- Ahron, Constance. We're Still Family: What Grown Children Have to Say About Their Parents' Divorce Harper Collins, 2004. ISBN 0060193050.
- Albrecht, S. L. "Reactions and adjustments to divorce: differences in the experiences of males and females. Family Relations 29 (1980): 59-70.
- Arendell, T. "Fathers and divorce." Thousand Oaks, Calif: Sage Publications, 1995.
- Amato, Paul R. and Alan Booth. A Generation at Risk: Growing Up in an Era of Family Upheaval. Harvard University Press, 1997. ISBN 0-674-29283-9 and ISBN 0-674-00398-5. Reviews and information at [http://www.hup.harvard.edu/catalog/AMAGER.html]
- Amato, P. R. and B. Keith. "Parental divorce and adult wellbeing: A meta-analysis." Journal of Marriage and Family 53 (1991): 43-58.
- Bartlett, Barbara Ann. "Parenting Coordination: A New Tool for Assisting High-Conflict Families." Oklahoma Bar Journal February 13, 2004. [http://www.okbar.org/obj/articles_04/021404.htm]
- Bloom, B. R., S. W. White, and S. J. Asher. "Marital Disruption as a Stressful Life Event." Divorce and Separation: Context, Causes and Consequences. New York: Basic Books, 1979.
- Bramlett, Matthew D. and William D. Mosher. "First Marriage Dissolution, Divorce, and Remarriage: United States." CDC National Center for Health Statistics Advance Data May 31, 2001; 323. [http://www.cdc.gov/nchs/data/ad/ad323.pdf]
- Brinig, Margaret and Douglas W. Allen. "These Boots Are Made for Walking: Why Most Divorce Filers are Women." American Law and Economics Review 2000; 2(1): 126-129)
- Coombs, Robert H. "Marital Status and Personal Well-Being: A Literature Review." Family Relations 1991; 40: 97-102.
- Dickson, L. "The future of marriage and family in black America." Journal of Black Studies 1993; 23: 472-491
- Engstrom G., F. A. Khan, E. Zia, I. Jerntorp, H. Pessah-Rasmussen, B. Norrving, and L. Janzon. "Marital dissolution is followed by an increased incidence of stroke." Cerebrovascular Disease 2004; 18(4): 318-24. [http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=15359099&dopt=Citation]
- Fagan, Patrick F. and Robert E. Rector. "The Effects of Divorce in America." Backgrounder #1373. The Heritage Foundation, June 5, 2000. [http://www.heritage.org/Research/Family/BG1373.cfm]
- Gallagher, Maggie. "The Abolition of Marriage." Regnery Publishing, 1996. ISBN 0895264641.
- Gilman, Stephen E., Ichiro Kawachi, Garrett M. Fitzmaurice, and Stephen L. Buka. "Family Disruption in Childhood and Risk of Adult Depression." American Journal of Psychiatry May 2003; 160: 939-946. [http://ajp.psychiatryonline.org/cgi/content/full/160/5/939]
- Goodwin, James S., William C. Hunt, Charles R. Key and Jonathan M. Sarmet. "The Effect of Marital Status on Stage, Treatment, and Survival of Cancer Patients. Journal of the American Medical Association 1987; 258: 3125-3130.
- Hetherington, E. Mavis and John Kelly. For Better or For Worse: Divorce Reconsidered. W. W. Norton & Company, 2002. ISBN 0393048624.
- Hoffman, David A. and Karen Tosh. "Coaching From The Sidelines: Effective Advocacy In Divorce Mediation." Massachusetts Family Law Journal 1999; 85. [http://bostonlawcollaborative.com/documents/2005-07-coaching-from-the-sidelines.pdf]
- Joung, I. M. et al. “Differences in Self-Reported Morbidity by Marital Status and by Living Arrangement.” International Journal of Epidemiology1994; 23: 91-97.
- Kopec, J. A. and E. C. Sayre. "Traumatic experiences in childhood and the risk of arthritis: A prospective cohort study." Canadian Journal of Public Health 2003; 95(5): 361-65.
- Kposowa, Augustine. "Marital status and suicide in the National Longitudinal Mortality Study Augustine J Kposowa." Journal of Epidemiology and Community Health 2000; 54:254-261. [http://jech.bmjjournals.com/]. Cited in Sara Yang, "Men more likely to commit suicide after divorce, study finds." cnn.com, March 15, 2000."[http://archives.cnn.com/2000/HEALTH/03/15/divorce.suicide.wmd/]
- Kposawa, Augustine. "Divorce and suicide risk." Journal of Epidemiology and Community Health [http://jech.bmjjournals.com/] 2003; 57: 993.
- Lawson, Erma Jean and Tanya L. Sharpe. "Black Men And Divorce: Implications For Culturally Competent Practice." Minority Health Today, July 1, 2000. [http://www.findarticles.com/p/articles/mi_m0HKU/is_5_1/ai_66918338]
- Lester, David. "Time-Series Versus Regional Correlates of Rates of Personal Violence." Death Studies 1993: 529-534.
- Marks, Nadine F. and James D. Lambert. "Marital Status Continuity and Change among Young and Midlife Adults: Longitudinal Effects on Psychological Well-being." Journal of Family Issues 1998; 19: 652-686.
- McLanahan, Sara and Gary Sandefur. Growing Up with a Single Parent; What Hurts, What Helps. Cambridge: Harvard University Press, 1994: 82.
- Mili, F., C. G. Helmick, M. M. Zack. "Prevalence of Arthritis: Analysis of Data from the US Behavioral Risk Factor Surveillance System, 1996-99." Journal of Rheumatology 2002; 29: 1981-1989. [http://jrheum.com/archives/sept02.html]
- Morowitz, Harold J. "Hiding in the Hammond Report." Hospital Practice August 1975; 39.
- Nabaitu J., C. Bachengana and J. Seeley. "Marital instability in a rural population in south-west Uganda: implications for the spread of HIV-1 infection." Africa 1994; 64 (2): 243-51. [http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=pubmed&dopt=Abstract&list_uids=12320088&query_hl=3]
- Office for National Statistics (UK). Mortality Statistics: Childhood, Infant and Perinatal, Review of the Registrar General on Deaths in England and Wales, 2000, Series DH3 33, 2002.
- O'Rand, Angela M. and Jenifer Hamil-Luker. "Processes of Cumulative Adversity: Childhood Disadvantage and Increased Risk of Heart Attack Across the Life Course." Journals of Gerontology Series B: Psychological Sciences and Social Sciences 2005; 60: S117-S124. [http://psychsoc.gerontologyjournals.org/cgi/content/abstract/60/suppl_Special_Issue_2/S117]
- Reuters online. Cited in "Stressful job, bad marriage ups man's death risk." Heart Center Online, February 12, 2002. [http://heart.healthcentersonline.com/newsstories/stressfuljobbadmarriageups.cfm] Cites as source, Archives of Internal Medicine 2002; 162: 309-315.
- Smock, Pamela J. “The Economic Costs of Marital Disruption for Young Women over the Past Two Decades.” Demography 1993; 30: 353-371.
- U.S. Bureau of the Census. Population profile of the United States: 1991. Current Population Reports, Special Studies, Series P-23, No. 173. Washington, DC: Government Printing Office, 1995.
- U.S. Bureau of the Census. Marriage and Divorce. General US survey information. [http://www.census.gov/population/www/socdemo/marr-div.html]
- U.S. Department of Health and Human Services. Survey of Divorce [http://www.fatherhood.hhs.gov/charting02/Family.htm#FF2] (link obsolete).
- Waite, Linda J., Don Browning, William J. Doherty, Maggie Gallagher, Ye Luo, and Scott M. Stanley. "Does Divorce Make People Happy? Findings from a Study of Unhappy Marriages." 2003. [http://www.americanvalues.org/html/r-unhappy_ii.html]
- Wallerstein, Judith S., Julia M. Lewis, and Sandra Blakeslee The Unexpected Legacy of Divorce: The 25 Year Landmark Study. Hyperion, 2000. ISBN 0786863943.

External links


- [http://ouchmytoe.rediffblogs.com Why you shouldn't Divorce] -- Ouchmytoe - A Blog that celebrates marriage with funny anecdotes from a couple's married life
- [http://www.easydivorce.info Legal info about divorce] - A website that gives info about divorce
- [http://www.divorce-glossary.co.uk Divorce Glossary] -- Divorce Glossary with definitions, terms, meanings of divorce legal terms
- [http://www.deltabravo.net/ Huge Archive of Divorce and Custody Information (SPARC)]
- [http://www.OurFamilyWizard.com/ Shared Parenting Tool for Non-Custodial Parents]
- [http://www.divorceunion.com Stop Divorce Reviews] -- Reviews of divorce help books
- [http://www.law.cornell.edu/topics/divorce.html LII: Law about... Divorce]
- [http://www.divorcesource.com/ State Divorce Information and Laws]
- [http://www.acfc.org/ The American Coalition for Fathers and Children (ACFC)]
- [http://www.fact.on.ca/ Father's Are Capable Too (FACT)]
- [http://www.parental-alienation.info All of Dr. Lowenstein's publications on the PAS] Category:Marriage Category:Family law Category:Divorce

Marriage

Marriage is a relationship between individuals which has formed the foundation of the family for most societies. Marriage can include legal, social, and religious elements. In western societies, marriage has traditionally been understood as social contract between a man (husband) and a woman (wife), while in other parts of the world polygamy has been the most common form of marriage, usually in the form of polygyny (a man taking several wives) but occasionally in the form of polyandry (a woman taking several husbands). In some western societies today, same-sex marriage is recognized yet remains a controversial issue.

Definitions

Precise definitions vary historically and between and within cultures: modern understanding emphasizes the legitimacy of sexual relations in marriage, yet the universal and unique attribute of marriage is the creation of affinal ties (in-laws). Traditionally, societies encourage one to marry "out" far enough to strengthen the ties, but "close" enough so that the in-laws are "one of us" or "our kind". One exception to this rule is found in the marriage of royalty, who strengthen their aid through concentration of wealth rather than through affinal ties. Even in this case, the individual was often encouraged to marry "within" close family limits. (Further discussion and reference: Marvin Harris, late, Professor of Anthropology, Columbia University) Marriage remains important as the socially sanctioned bond in a sexual relationship. Marriage is usually conceived as a male-female relationship designed to produce children and successfully socialize them. Historically, most societies have sanctioned polygamy. The West is a major exception. Europe and the United States were monogamous cultures. This was in part a Germanic cultural tradition, a requirement of Christianity (after the sixth century CE), and a mandate of Roman Law. However, Roman Law supported prostitution, concubinage, sex outside of marriage, homosexual sex, and sexual access to slaves. The Christian West formally banned these practices. Globally, most existing societies do not sanction polygamy as a form of marriage. For example, China shifted from allowing polygamy to supporting only monogamy in the 1953 Marriage act after the Communist revolution. Most African and Islamic societies continue to allow polygamy (around 2.0 billion people). This includes India where polygamy is permitted for Muslim citizens. Probably, less than 3% of all Muslim marriages are polygamous. It is increasingly expensive in an Urban setting, but more useful in rural areas where children are a future source of agricultural labor. Most of the world's population live in societies where polygamy is less common and they are overwhelmingly monogamous. Since the latter decades of the 20th century many of society's assumptions about the nature and purpose of marriage and family have been challenged, in particular by gay rights advocacy groups, who disagree with the notion that marriage should be exclusively heterosexual. Some people also argue that marriage may be an unnecessary legal fiction. This is part of the general disruption of traditional families in the West. Since WWII the West has seen a dramatic increase in divorce (6% to over 40% of first marriages), cohabitation without marriage, a growing unmarried population, and children born outside of marriage (5% to over 33% of births), as well as an increase in adultery (8% to over 40%). A system of somewhat serial monogamy has de facto emerged. Still, legally sanctioned non-monogamous marriage arrangements are extremely rare. In modern times, the term marriage is generally reserved for a state sanctioned union (although some people disagree). The phrase legally married can be used to emphasize this point. In the United States there are two methods of receiving state sanction of a marriage: common law marriage and obtaining a marriage license. The vast majority of US states do recognize common law marriage. Many localities do support various types of domestic partnerships. Since the 12th century, marriage or holy matrimony has been a sacrament in the Catholic Church, as well as other Orthodoxies, where it is defined as a relationship between a man and a woman. The Protestant Reformation reformulated marriage as a life-long covenant. Marriage of some kind is found in most societies, and typically married people form a nuclear household, which is often subsequently extended biologically, through children. In the West the nuclear family emerged after 1100. Most non-Western societies have a broader definition of family that includes an extended family network. Alternatively, people may choose to be "childfree". Finally, they may be childless due to infertility, and possibly seek treatment or consider adoption. The term wedlock is a synonym for marriage, and is mainly used in the phrase "out of wedlock" to describe a child born of parents who were not married (see illegitimacy). In the West, marriage has evolved from a life-time covenant that can only be broken by fault or death to a contract that can be broken by either party at will. Other shifts in Western marriage since WWI include: (a) Unlike the 19th century women not men get child custody over 80% of the time, (b) both spouses have a formal duty of spousal support (no longer just the husband), (c) Out-of-Wedlock children have the same rights of support as legitimate children, (d) in most states rape can legally occur within marriage and be punished, (e) husbands may no longer physically discipline or abuse their wife, and (f) in some jurisdictions, property acquired since marriage is not owned by the title-holder. This property is considered marital and to be divided among the spouses by community property law or equitable distribution via the courts. There is a growing debate about the form(s) that marriage should take. Two of the most hotly-debated variants are discussed below: same-sex marriage - legal in some countries such as Belgium, the Netherlands, Spain, Canada (and the US state of Massachusetts) by 2005 - and, polygamy.

Types of marriages

The type and functions of marriage vary from culture to culture.

Western world

In the United States and Europe, in the 21st century, legally sanctioned marriages are monogamous (although some pockets of society still sanction polygamy socially, if not legally) and divorce is relatively simple and socially sanctioned. In the West, the prevailing view toward marriage today is that it is based on a legal covenant recognising emotional attachment between the partners and entered into voluntarily.

Eastern world

Some societies permit polygamy, in which a man could have multiple wives; even in such societies however, most men have only one. In such societies, having multiple wives is generally considered a sign of wealth and power. The status of multiple wives has varied from one society to another. In the Muslim world, marriage is sanctioned between a man and a woman, but there are verses in chapter 4 of the Qur'an which state that in certain conditions a man is allowed up to four wives. In Muslim societies, the different wives are considered equal and must be treated as such. In Indonesia, the largest Muslim majority state, marriage is allowed between a man and a woman who profess the same faith, while atheists are not allowed to marry. In Imperial China, formal marriage was sanctioned only between a man and a woman, although among the upper classes, the primary wife was an arranged marriage with an elaborate formal ceremony while concubines could be taken on later with minimal ceremony. Only the children from the official union were considered legitimate. To better control population growth after the rise of Communism, only strictly monogamous marital relationships are permitted, although divorce is a relatively simple process.

Polygamy, monogamy, and polyandry

Polyandry (a woman having multiple husbands) occurs very rarely in a few isolated tribal societies with limited resources. These societies include some bands of the Canadian Inuit, although the practice has declined sharply in the 20th century due to the change from tribal religion to the Moravian religion. Societies which permit group marriage are extremely rare, but have existed in utopian societies such as the Oneida Community. However, in 21st century Western cultures, while bigamy is illegal and sexual relations outside marriage are generally frowned-upon, divorce and remarriage have officially been relatively easy to undertake. This has led to a practice called serial monogamy. "Serial monogamy" usually refers to what occurs when a husband, usually of average to high socioeconomic status, divorces an older wife and takes on a younger wife. The younger wife is popularly referred to as the "trophy wife" by many who frown upon the practice. The modern practice of serial monogamy is strikingly similar to the marital practices observed in polygamous societies. Serial monogamy within the LGBT community refers to the practice of having one long-term relationship and then moving on to another. This practice is one of a few options for bisexuals, and is practiced by many gays and lesbians as well. (It can be argued that this is common with heterosexuals who aren't wanting or ready to "settle down" or who question the tradition heterosexual cultural norms of marriage. Whether heterosexual, homosexual, or bisexual, these individuals would be offended at the view that their relationships weren't meaningful.)

Traditional cultures

Some traditional cultures still practice marriage by abduction, a form of forced marriage in which a woman who is kidnapped and raped by a man is regarded as his wife. This practice is limited to a few traditional cultures in a small number of countries, and is generally regarded as abhorrent by other cultures.

Marriage today in Belgium, The Netherlands, Canada, Spain

:Main article: Same-sex marriage These countries have the particular possibility that opposite sex as well as same sex couples may engage in marriage. Although same-sex unions have been recorded in the history of a number of cultures, marriages between same-sex partners were rare or nonexistent in other cultures. Same-sex marriage remains infrequent worldwide, especially as it is not offered in most countries. However, some countries recognize same-sex marriage, including the Netherlands, Belgium, Canada, and Spain; in the United States same-sex marriage is legal in the state of Massachusetts. "Civil unions" are recognized in Denmark, Norway, Sweden, Finland, Greenland, Iceland, Germany, France, Portugal, New Zealand and the U.S. states of Vermont and Connecticut, and will be recognized in the United Kingdom from December 2005; a growing number of American states and various localities, such as Maine, recognize domestic partnerships, which offer parity of spousal rights, to different degrees, with marriage.

Unique Practices

Some parts of India follow a custom in which the groom is required to marry with an auspicious plant called Tulsi before a second marriage to overcome inauspicious predictions about the health of the husband. However, the relationship is not consummated and does not affect their ability to remarry later. One should note that this is not a norm found across the entire Indian sub-continent. In the state of Kerala, India, the Nambudiri Brahmin caste traditionally practices henogamy, in which only the eldest son in each family is permitted to marry. In Mormonism, a couple may seal their marriage "for time and for all eternity" through a "sealing" ceremony conducted within the LDS temple. The couple is then believed to be bound to each other in marriage throughout eternity if they live according to their covenants made in the ceremony. Mormonism also allows living persons to act as proxies in the sealing ceremony to "seal" a marriage between ancestors who have been dead for at least one year and who were married during their lifetime. According to LDS theology, it is then up to the deceased individuals to accept or reject this sealing in the spirit world before their eventual resurrection. A living person can also be sealed to his or her deceased spouse, with another person (of the same sex as the deceased) acting as proxy for that deceased individual. Other unusual variations include marriage between a living human and a ghost (Taiwan), a living human and a recently-deceased human with whom they were emotionally involved (France), and between a human being and God (Catholic and Orthodox monasticism). Again, these lack the social meaning of ordinary marriage and belong rather to the realm of religion or (in the case of weddings of dogs to other dogs, Kermit the Frog to Miss Piggy, and the like) pure spectacle.

Recognition

Couples usually seek social sanction for their marriages, and many societies require official approval of a religious or civil body. Sociologists thus distinguish between a marriage ceremony conducted under the auspices of a religion and a state-sanctioned civil marriage. In many jurisdictions the civil marriage ceremony may take place during the religious marriage ceremony, although they are two distinct entities. In most American states the marriage may be officiated by a priest, minister, or religious authority, and in such a case the religious authority acts simultaneously as a religious authority and an agent of the state. In some countries such as France, Germany and Russia, it is necessary to be married by the state before having a religious ceremony. Some states allow civil marriages which are not allowed by many religions, such as same-sex marriages or civil unions, and marriage may also be created by the operation of the law alone as in common-law marriage, which is a judicial recognition that two people living as domestic partners are entitled to the effects of marriage. Conversely, there are examples of people who have a religious ceremony which is not recognized civilly. Examples include widows who stand to lose a pension if they remarry and so undergo a marriage in the eyes of God, homosexual couples, some sects of Mormonism which recognize polygamy, retired couples that would lose pension benefits if legally married, Muslim men who wish to engage in polygamy that is condoned in some situations under Islam and immigrants who do not wish to alert to the immigration authorities that they are married either to a spouse they are leaving behind or because the complexity of immigration laws may make it difficult for spouses to visit on a tourist visa. In Europe it has traditionally been the churches' office to make marriages official by registering them. Hence, it was a significant step towards a clear separation of church and state and also an intended and effective weakening of the Christian churches' role in Germany, when Chancellor Otto von Bismarck introduced the Zivilehe (civil marriage) in 1875. This law made the declaration of the marriage before an official clerk of the civil administration (both spouses affirming their will to marry) the procedure to make a marriage legally valid and effective, and reduced the clerical marriage to a mere private ceremony.

Rights and obligations

Typically, marriage is the institution through which people join together their lives in emotional and economic ways through forming a household. It often confers rights and obligations with respect to raising children, holding property, sexual behavior, kinship ties, tribal membership, relationship to society, inheritance, emotional intimacy, and love. Marriage sometimes: establishes the legal father of a woman's child; establishes the legal mother of a man's child; gives the husband or his family control over the wife's sexual services, labor, and/or property; gives the wife or her family control over the husband's sexual services, labor, and/or property; establishes a joint fund of property for the benefit of children; establishes a relationship between the families of the husband and wife. No society does all of these; no one of these is universal (see Edmund Leach's article in "Marriage, Family, and Residence," edited by Paul Bohannan and John Middleton). Marriage has traditionally been a prerequisite for starting a family, which usually serves as the building block of a community and society. Thus, marriage not only serves the interests of the two individuals, but also the interests of their children and the society of which they are a part. In most of the world's major religions, marriage is traditionally a prerequisite for sexual intercourse: unmarried people are not supposed to have sex, which is then called fornication and is socially discouraged or even criminalized. In practice, most of these societies have tacitly accepted sex between unmarried people if they marry as soon as pregnancy occurs (see shotgun wedding). Sex with a married person other than one's spouse, called adultery, is even less acceptable and has also often been criminalized, especially in the case of a person who is a representative of the government (e.g. president, prime minister, political representative, public-school teacher, military officer).

Marriage restrictions

Societies have always placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. In almost all societies marriage between brothers and sisters is forbidden, with Ancient Egyptian, Hawaiian, and Inca royalty being the rare exception. In many societies marriage between some first cousins is preferred, while at the other extreme, the medieval Catholic church prohibited marriage between distant cousins. The present day Catholic Church still maintains a standard of required distance (in both consanguinity and affinity) for marriage. Marriage gives the couple various rights allotted only to married individuals in many societies. In Indian Hindu community, especially in the Brahmin caste, marrying person of the same Gothra is prohibited, since persons belonging to the same Gothra are said to have identical patrilineal descension. In ancient India when Gurukul was in existence, the shishyas (the pupils) were advised against marrying any of Guru's children as shishyas were considered Guru's children and it would be considered marriage among siblings (though there were exceptions like Arjuna's son Abhimanyu marrying Uttra, the dance student of Arjuna in Mahabharatha). Many societies have also adopted other restrictions on whom one can marry, such as prohibitions on marrying persons with the same surname, or persons with the same sacred animal. Anthropologists refer to these sort of restrictions as exogamy. One exception to this pattern is in ancient Egypt, where marriage between brothers and sisters was permitted in the royal family; this privilege was denied commoners and may have served to concentrate wealth and power in one family (See also incest). The consequence of the incest-taboo is exogamy, the requirement to marry someone from another group. Anthropologists have thus pointed out that the incest taboo may serve to promote social solidarity. The "one man one woman" model for the Christian marriage was advocated by Saint Augustine (354-439 AD) with his published letter The Good of Marriage. To discourage polygamy, he wrote it "was lawful among the ancient fathers: whether it be lawful now also, I would not hastily pronounce. For there is not now necessity of begetting children, as there then was, when, even when wives bear children, it was allowed, in order to a more numerous posterity, to marry other wives in addition, which now is certainly not lawful." (chapter 15, paragraph 17) Sermons from St. Augustine's letters were popular and influential. In 534 AD Roman Emperor Justinian criminalized all but monogamous man/woman sex within the confines of marriage. The Justinian Code was the basis of European law for 1,000 years. Societies have also at times required marriage from within a certain group. Anthropologists refer to these restrictions as endogamy. An example of such restrictions would be a requirement to marry someone from the same tribe. Racist laws adopted by some societies in the past, such as Nazi-era Germany, apartheid-era South Africa and most of the southern United States and Utah prior to 1967, which prohibited marriage between persons of different races (miscegenation) could also be considered examples of endogamy. As tolerance of homosexuality has become more widespread in Western cultures, some governments have recognized a right to marriage by people of the same sex. This has in turn created a general backlash, most notably in Great Britain, where the Church of England has officially banned gay marriage, and in the United States, where several states have specifically outlawed gay marriage, often by popular referenda. At the United States federal level, the Defense of Marriage Act has created a federal definition of marriage as between a man and a woman as well as allowing one state not to recognize a same sex marriage recognized by another state. Arguments have been made that the DOMA conflicts with the United States Constitution, and could conceivably be overturned on this basis. To ensure this does not happen, some, including President George W. Bush, support amending the Federal Constitution to prohibit same-sex marriages. Some countries and one U.S. state currently recognize same-sex marriage, and legal challenges to marriage restrictions may soon expand the recognition of same-sex marriages to Washington, New York, and other states. Nevertheless, while [http://www.pollingreport.com/civil.htm opinion polls] indicate support by the general majority of Europe and North America for legal recognition of homosexual partnerships for the purpose of granting rights and immunities equivalent to those of heterosexual marriages, [http://www.pollingreport.com/civil.htm the same polls] indicate wide majorities, as much as two-thirds, disapproving of a change to the legal definition of marriage to include homosexual unions.

Termination

Many societies provide for the termination of marriage through divorce. Marriages can also be annulled or cancelled, which is a legal proceeding that establishes that a marriage was invalid from its beginning.

Weddings

The ceremony in which a marriage is enacted and announced to the community is called a wedding. A wedding in which a couple marry in the "eyes of the law" is called a civil marriage. Religions also facilitate weddings, in the "eyes of God." In many European and some Latin American countries, where someone chooses a religious ceremony, they must also hold that ceremony separate from the civil ceremony. Certain countries, like Belgium and the Netherlands even legally demand that the civil marriage has to take place before any religious marriage. In some countries, notably the United States, the United Kingdom, the Republic of Ireland and Spain both ceremonies can be held together; the officiant at the religious and community ceremony also serves as an agent of the state to enact the civil marriage. That does not mean that the state is "recognizing" religious marriages; the "civil" ceremony just takes place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If that civil element of the full ceremony is left out for any reason, in the eyes of the law no marriage took place, irrespective of the holding of the religious ceremony. Whilst some countries, such as Australia, permit marriages to be held in private and at any location, others, including England, require that the civil ceremony be conducted in a place specially sanctioned by law (ie. a church or registry office), and be open to the public. An exception can be made in the case of marriage by special emergency licence, which is normally granted only when one of the parties is terminally ill. Rules about where and when persons can marry vary from place to place.Some regulations require that one of the parties reside in the locality of the registry office. Because of Australia's very lax rules on marriage, many famous people, including Michael Jackson and Elton John, have opted to marry in Australia, so as to have a private ceremony. The way in which a marriage is enacted has changed over time, as has the institution of marriage itself. In Europe during the Middle Ages, marriage was enacted by the couple promising verbally to each other that they would be married to each other; the presence of a priest or other witnesses was not required if circumstances prevented it. This promise was known as the "verbum". As part of the Reformation, the role of recording marriages and setting the rules for marriage passed to the state. By the 1600s many of the Protestant European countries had heavy state involvement in marriage.

Marriage and religion

:Main article: Religious aspects of marriage Many religions have extensive teachings regarding marriage. Most Christian churches give some form of blessing to a marriage; the wedding ceremony typically includes some sort of pledge by the community to support the couple's relationship. In the Roman Catholic Church "Holy Matrimony" is considered to be one of the seven sacraments, in this case one that the spouses bestow upon each other in front of a priest and members of the community as witnesses during a "Nuptial Mass". In the Eastern Orthodox church, it is one of the Mysteries, and is seen as an ordination and a martyrdom. In marriage, Christians see a picture of the relationship between Jesus and the Church. In Judaism, marriage is viewed as a coming together of two families, therefore prolonging the religion and cultural heritage of the Jewish people. Islam also recommends marriage highly; among other things, it helps in the pursuit of spiritual perfection. The Bahá'í Faith sees marriage as a foundation of the structure of society, and considers it both a physical and spiritual bond that endures into the afterlife. Hinduism sees marriage as a sacred duty that entails both religious and social obligations. By contrast, Buddhism does not encourage or discourage marriage, although it does teach how one might live a happily married life. It's also worth noting that different religions have different beliefs as regards the breakup of marriage. For example, the Roman Catholic Church does not permit divorce, because in its eyes, a marriage is forged by God. The Church states that what God joins together, humans cannot sunder. As a result, people who get a civil divorce are still considered married in the eyes of the Catholic Church, which does not allow them to remarry, even if they are allowed a civil marriage. In some special cases, however, Catholics can be permitted an annulment. With a nullity, religions and the state often apply different rules, meaning that a couple, for example, could receive a divorce from the state and not have their marriage annulled by the Catholic Church because the state disagrees with the church over whether an annulment could be granted in a particular case. This produces the phenomenon of Catholics getting Church annulments simultaneously with state divorces, allowing the ex-partners to marry other people in the eyes of both the Church and the State. Islam does allow divorce; however, there is a verse stated in the Qur'an describing divorce as the least desirable act allowed between people. The general rule is for a man to allow his wife to stay until the end of her menstrual period or for 3 months if she so wishes after the divorce. During this period they would be divorced in that they would simply be living under the same roof but not functioning as man and wife. The Qur'an scholars suggest that the main point is to prevent any decisions by the woman from being affected by hormonal fluctuations as well as to allow any heated arguments or differences to be resolved in a civil manner before the marriage is completely terminated. However, there is no obligation on the woman to stay, if she so wishes she may leave. The man is also obligated to give his wife a gift or monetary sum equivalent to at least half her mahr (gift or monetary sum which is given to the wife at the commencement of the marriage). Specific conditions as to how a divorce is conducted also apply if a woman is pregnant, or has given birth just prior to the divorce. refer Qur'an 2:228-232, 236, 237, 241 and 65:1-7. See also 4:35.

Marriage and economics

The economics of marriage have changed over time. Historically, in many cultures the family of the bride had to provide a dowry to pay a man for marrying their daughter. In other cultures, the family of the groom had to pay a bride price to the bride's family for the right to marry the daughter. In some cultures, dowries and bride prices are still demanded today. In both cases, the financial transaction takes place between the groom (or his family) and the bride's family; the bride has no part in the transaction and often no choice in whether or not to participate in the marriage. In many modern legal systems, two people who marry have the choice between keeping their property separate or combining their property. In the latter case, called community property, when the marriage ends by divorce each owns half; if one partner dies the surviving partner owns half and for the other half inheritance rules apply. In some legal systems, the partners in a marriage are "jointly liable" for the debts of the marriage. This has a basis in a traditional legal notion called the "Doctrine of Necessaties" whereby a husband was responsible to provide necessary things for his wife. Where this is the case, one partner may be sued to collect a debt for which they did not expressly contract. Critics of this practice note that debt collection agencies can abuse this claiming an unreasonably wide range of debts to be expenses of the marriage. The cost of defense and the burden of proof is then placed on the non-contracting party to prove that the expense is not a debt of the family. The respective maintenance obligations, during and eventually after a marriage, are regulated in most jurisdictions; see alimony. It is possible to analyze the institution of marriage using economic theory; see [http://www.best.com/~ddfr/Academic/Price_Theory/PThy_Chapter_21/PThy_Chap_21.html David Friedman, Price Theory: Chapter 21: The Economics of Love and Marriage].

Criticisms of marriage

Under the principle of church-state separation, libertarians criticize the government regulation of and the state's involvement in marriage, because many now consider marriage a religious institution. The libertarian view is that if government must recognize marriage at all, it should be treated as a contract like any other between two freely consenting parties, which would essentially reduce family law to a subset of contract law. The religious aspects should remain the province of one's church and that church's ecclesiastical courts (if it has them). Relatively new legal developments like palimony have already tilted certain governments slightly in this direction. Other commentators have argued that marriage has a significant dark side. They sometimes condemn individual local practices and sometimes even the entire institution of marriage. A good many of these are feminist critiques, which claim that in many cultures marriage is particularly disadvantageous to women. [http://www.cdc.gov/nchs/fastats/divorce.htm] With the divorce rate half that of the marriage rate, [http://www.census.gov/prod/2003pubs/p60-225.pdf] 15% of men are awarded custody, unchanged since 1994 (cf. p. 1), and [http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html] annual support payments increasing 18% to $40 billion paid by 7.8 million separated parents, 6.6 million are fathers with [http://www.ssa.gov/OP_Home/ssact/title04/0458.htm] cash incentives of up to $4.1 billion available to states that create support and arrearage orders, and then collect (cf. 6B, 6C, & 6D), it may help to explain the conclusion of a [http://marriage.rutgers.edu/Publications/SOOU/SOOU2004.pdf] recent marriage report by Rutgers University. "Continuing decline of the marriage rate accompanied by an increase in the number of cohabiting couples; a small increase in the percentage of children living in fragile families and born out of wedlock; and a sharp increase among teenage boys in their acceptance of unwed childbearing and a slight decrease in agreement among teenagers, especially girls, that "living together before getting married is a good idea." says 2004 Social Health of Marriage in America. Marriage strike behavior although not explicit. Further, during a litigated divorce allegations of domestic violence, child custody, paternity, alimony, child support, fathers' rights create additional concerns, especially with divorce attorneys rates up to $300.00 per hour. [http://www.eleventhdistrictcourt.state.nm.us/stats/mckinley/dvcumulative.pdf] 85% of orders of protections are awarded to females, 7% of petitions denied. Since the enactment of the Violence Against Women Act of 1995, [http://www.ojp.usdoj.gov/vawo/about.htm] more than $1 billion spent to police and prosecutors. Since 1995, when a wife feels fearful, it is domestic violence. Divorce attorneys practice leveraging this assault charge into an order of protection to get a spouse, usually the man, out of the home, physically separating him from children and his property. In many areas of the world, when a woman was in her early teens her father arranged a marriage for her in return for a bride price, sometimes to a man twice her age who was a stranger to her. Her older husband then became her guardian and she could be cut off almost completely from her family. The woman had little or no say in the marriage negotiations, which might even have occurred without her knowledge. Some traditions allowed a woman who failed to bear a son to be given back to her father. This reflected the importance of bearing children and extending the family to succeeding generations. Often both parties are expected to be virgins before their marriage, but in many cultures women were more strictly held to this standard. One old tradition in Europe, which survived into the twentieth century in rural Greece, was for this to be proven by hanging the bloody bed sheet from the wedding night from the side of the house. Similarly, sexual fidelity is very often expected in marriage, but sometimes the expectations and penalties for women have been harsher than those for men. In some traditions marriage could be a traumatic, unpleasant turn of events for a girl. "The Lot of Women" written in Athens in the mid 5th century BC laments this situation: :Young women, in my opinion, have the sweetest existence known to mortals in their father's homes, for their innocence always keeps children safe and happy. But when we reach puberty and can understand, we are thrust out and sold away from our ancestral gods and from our parents. Some go to strange men's homes, others to foreigner's, some to joyless houses, some to hostile. And all this once the first night has yoked us to our husband we are forced to praise and say that all is well. On the other hand, marriage has often served to assure the woman of her husband's continued support and enabled her to focus more attention on the raising of her children. This security has typically been greater when and where divorce has been more difficult to obtain. Some older wedding traditions still survive in some form in today's ceremonies. Women may still be symbolically "given away" by their fathers. Some brides still vow to "love and obey" their husbands and some bridegrooms vow to "care for" their wives. A groom might remove his bride's garter, a symbol of her virginity, as a public representation of his claim on her sexuality. Brides toss their bouquets towards a group of single women, who compete to catch the bouquet; the woman who catches the bouquet is believed to have the good fortune to be the next woman to get married. One very common tradition is that of the groom carrying the bride over the threshold of their house. Investigating the origin of this tradition around 100 AD, Plutarch postulated three different possibilities. The first was that the act of picking up the bride was a symbolic re-enactment of the Rape of the Sabines. Another was that it symbolized the bride's reluctance to surrender her virginity, which she did only under duress. And the last suggested marital faithfulness - having been carried into the house by her husband she would only leave it the same way. This of course was in the context of a patriarchal culture in which it was said that a woman should only leave her house when she was so old that people would not ask whose wife she was, but whose mother. It has also been said to originate from a Roman belief that it was bad luck for a bride to stumble while entering her new home. These traditions, though often attacked by critics and scholars, nevertheless remain a treasured part of many ceremonies, cherished by both bride and groom.

Pragmatic marriage

A Pragmatic (or 'Arranged') marriage that is facilitated by formal procedures of family or group politics. A responsible authority sets up or encourages the marriage. The authority could be parents, family, a religious figure or a consensus. The former two often start the process with informal pressure, social pressure, whilst the latter two often start the process with a formal system or statement. In both cases, the authority has a compelling veto over the marriage, and this system is socially supported by the rest of community so that to deny it is extreme and drastic. Once declared, an engagement is implicit, which follows through with a formal marriage ceremony. Those who uphold pragmatic marriage frequently state that it is traditional, that it upholds social morals, that it is good for the families involved.

Differences of opinion

Those who believe in romantic marriage will often criticize pragmatic marriage, considering it is oppressive, inhuman, or immoral. Defenders of pragmatic marriage disagree, often pointing to cultures where the success rate of pragmatic marriages is seen to be high, and holding that nearly all couples learn to love and care for each other very deeply. Those who believe in pragmatic marriage also have some traditional criticisms of romantic marriage, saying that it is short-term, overly based on sexual lust or immoral. Defenders of romantic marriage would hold that it is preferable to achieve an emotional bond before entering into a lifelong commitment. Cultures that aspire to create relationships after couples marry are those with institutionalized practices of pragmatic marriage. Cultures that come to think that marriages should only be tried once a short-term compatibility already exists adopt romantic marriages. It is debatable whether either method is more correct or that either set of ideas about marriage is more right - the underlying assumptions are different. Much criticism of the "other" form of marriage to what one person accepts is based on misunderstanding assumptions about marriage made from different cultural starting-points and what different groups of people consider marriage to be.

See also


- Adultery - consensual sexual intercourse by a married person with someone other than their lawful spouse.
- Alimony - obligation of support.
- Annulment - legal procedure for declaring a marriage null and void.
- Arranged marriage - marital partners are chosen by others.
- Betrothal - formal state of engagement to be married.
- Bond - a connection.
- Chinese marriage - arrangement between families.
- Common-law marriage - class of interpersonal status.
- Consummate - bring marriage to its completion, usually by making love.
- Covenant marriage - in some U.S. states, a form of marriage where divorce is made more difficult
- Digital marriage - two people who have no connection outside their gaming lives come together within a virtual community.
- Divorce - ending of a marriage.
- Engagement and engagement ring
- Fathers' rights
- Fleet Marriage
- Gender-neutral marriage
- Ghost marriage
- Group marriage
- Handfasting
- History of Civil Marriage in the U.S.
- Honeymoon
- Legal aspects of transsexualism
- Legal consequences of marriage in the United Kingdom
- Levirate marriage
- Marriage (conflict)
- Marriage strike - Increasing ambivalence toward marriage in American men.
- Marriageable age
- Mail-order bride
- Misyar marriage
- Morganatic marriage
- Mut'a marriage
- Polyandry
- Polygamy
- Proxy Marriage
- Separation - ending of a marriage.
- Same sex marriage
- Sororate marriage
- Temporary marriage
- 'Urfi marriage
- US rights and responsibilities of marriage
- Wedding
- Wedding band (or ring)
- White wedding
- Wife Swap, a reality TV series

External links


- [http://Ouchmytoe.rediffblogs.com Funny Marriage Advice] - Ouchmytoe - A Blog on Marriage & the problems it brings
- [http://dontmarry.com/ Don't Marry] - A dissenting opinion on the social convention of marriage in Western society.
- [http://www.unmarried.org The Alternatives to Marriage Project ] Advocating for equality and fairness for unmarried people
- [http://nikah.com/marriage/default.asp Muslim Marriage Information]
- [http://www.acfc.org/ The American Coalition for Fathers and Children (ACFC)]
- [http://www.zionwedding.com Jewish Matrimony and Personals] - Jewish Matrimony and Personals
- [http://www.islamimatrimonials.com/muslim_marriage_rights.htm Muslim Matrimonial] - Rights of Spouses in Islam
- [http://www.freedomtomarry.org/ The Freedom to Marry Coalition]
- [http://weddings.iloveindia.com/features/types-of-hindu-marriages.html Types of Hindu Marriages]
- [http://marriage.rutgers.edu/publicat.htm The National Marriage Project]
- [http://nikahsearch.com/marriage/marriage.htm Marriage in Islam] - Hadith, Marriage Conditions and Etiquettes of Muslim Marriage
- [http://www.fatherhood.hhs.gov/charting02/Family.htm#tff1.1 U.S. Department of Health and Human Services Survey]
- [http://www.nikah.com Muslim Matrimonial Service]
- [http://www.islamfrominside.com/Pages/Articles/Marriage%20in%20Islam.html Marriage (Nikah) in Islam]
- [http://www.muslimmatrimonial.com Muslim marriage and Advice]
- [http://www.growthtrac.com Christian Marriage Resources at Growthtrac]
- [http://nikahsearch.com/marriage/conditions.htm Conditions of Muslim Marriage]
- [http://family-marriage-counseling.com The Family & Marriage Counseling Directory]
- [http://www.fisheaters.com/holymatrimony.html The Catholic Sacrament of Holy Matrimony] includes the rite used before Vatican II and by traditional Catholics today
- [http://www.chabad.org/article.asp?AID=313716 Laws and Customs of the Jewish Wedding] chabad.org
- [http://www.originalintent.org/edu/marriage.php Treatise on Common Law Marriage] Category:Divorce Category:Family
- Category:Wedding ko:혼인 ja:結婚

Annulment

Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date. In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.

Grounds for annulment

Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including that: # Either spouse was already married to someone else at the time of the marriage; # Either spouse was too young to be married, or too young without required court or parental consent; # Either spouse was under the influence of drugs or alcohol at the time of the marriage; # Either spouse was mentally incompetent at the time of the marriage; # If the consent to the marriage was based on fraud or force; # Either spouse was physically incapable to be married (typically, inability to have sexual intercourse which persists) at the time of the marriage; # The marriage is prohibited by law due to the relationship between the parties. # Infidelity exists in marriage, or partners are unfaithful

Annulment in the Catholic Church

In the case of the Catholic Church, annulment does not mean the same thing as divorce, though some criticize the Catholic Church of preaching that all marriages are permanent but providing the means of annulment. These two seeming opposing ideas can be reconciled by understanding that the annulment process is not a method to dissolve a marriage but rather to determine whether a marriage was valid. While annulment is sometimes taken advantage of in practice to get around the "no divorce" rule, that is not the Church's reason for the availability of annulment. According to the Church, an annulment affirms the Scriptural basis of divorce and at the same time affirms that in a true marriage, a man and a woman become one flesh before the eyes of God.
For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed.132 In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. -Catechism of the Catholic Church #1629
Some Catholics worry that their children will be considered illegitimate if they get an annulment. However, Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null). An annulment verified by the Catholic Church is independent from obtaining a civil divorce, although before beginning a process in front of the Ecclesiastical Tribunal, it has to be clear that the marriage community cannot be rebuilt. If someone has all the signs of being married previously, he or she must get an annulment before entering into a marriage in the Catholic Church, even if the individual was not married in the Catholic Church previously. Catholics acknowledge the indissolubility of marriage for any baptized persons who give themselves freely in the bond of marriage and recognizes the marriages of other Christians in most cases.

Annulment in New York State

The cause of action for annulment in New York State is generally fraud (DRL §140 (e)). There are other arguments; see the Statute. "Fraud" generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered. The grounds for annulment in New York State include any of the following:
- Failure to consummate the