Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties (unlike annulment, which declares the marriage null and void). Divorce laws vary considerably around the world, but in most countries it requires the sanction of a court or other authority in a legal process. The legal process of divorce may also involve issues of alimony (spousal support), child custody, child support, distribution of property, and division of debt. In most countries monogamy is required by law, so divorce allows each former partner to marry another; where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.
Like every major life change, divorce can be a stressful experience. It affects finances, living arrangements, household jobs, schedules and more. If the family includes children, they may be deeply affected.
Legal separation (sometimes "judicial separation", "separate maintenance", "divorce a mensa et thoro", or "divorce from bed-and-board") is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
Furthermore, in cases where children are involved, a court order of legal separation often makes temporary arrangements for the care, custody, and financial support of the children ("for the time being"). Thus, part of the court order determines child custody. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.
Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. If the two do not reconcile, and they wish to proceed with a divorce, they must file for divorce explicitly.
A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well.
A postnuptial agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It is normally "notarized" or acknowledged, and is usually the subject of statute of frauds. Like the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. In rare cases, a "prenup" may be enforceable even without a marriage, such as with a Domestic partnership or Registered partnership.
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment). For example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales.
In family law and public policy, child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a guardian, or the state.
Paternity law, or father law, is the legal area dealing with establishing or disputing "paternity", the legal relationship between a father and his child.
A child born to the wife during a marriage under common law is determined to be the husband's child by a "presumption of paternity". This presumption, can sometimes be rebutted by evidence to the contrary, generally prior to a formal court ruling involving divorce, annulment or legal separation.
Parenting time is the amount of time each parent spends with their children when parents separate. Disagreements about how to measure it and how to divide it often cause controversy between the parents
Modification of Orders
the general assumption in most child custody cases is that the judgment is never final, and that future changes in circumstances could always warrant changes in the custody arrangement.
Unless the parents voluntarily agree to a new custody agreement (which, if reasonable, are often approved by courts as a matter of course), it will generally be necessary to get the courts involved.
As with every decision related to child custody, the question of what is in the best interests of the child always controls. The desires or convenience of the parents carry very little weight.
For a court to change a child custody arrangement, one or both parents usually have to show a change in circumstances affected the interests of the child. This could mean one parent moving, a change in the health of a parent, or a change in a parent’s financial situation, among many others
Change of Domicile
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence (IPV), is a pattern of behavior which involves the abuse by one partner against another in an intimate relationship such as marriage, cohabitation, dating or within the family. Domestic violence can take many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects, battery), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.
Alcohol consumption and mental illness can be co-morbid with abuse, and present additional challenges in eliminating domestic violence. Awareness, perception, definition and documentation of domestic violence differs widely from country to country, and from era to era.
Domestic violence and abuse is not limited to obvious physical violence. Domestic violence can also mean endangerment, criminal coercion, kidnapping, unlawful imprisonment, trespassing, harassment, and stalking
A visa (from the Latin charta visa, lit. "paper that has been seen") is a document showing that a person is authorized to enter or leave the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport (or passport-replacing document). Some countries do not require a visa in some situations, such as a result of reciprocal treaty arrangements. The country issuing the visa typically attaches various conditions of stay, such as the territory covered by the visa, dates of validity, period of stay, whether the visa is valid for more than one visit, etc.