Divorce

Lore & Background

Divorce laws vary considerably around the world. In most countries, divorce is a legal process that requires court sanction and may involve issues such as property distribution, child custody, alimony, and child support. The only countries that do not allow divorce are the Philippines and the Vatican City; in the Philippines, divorce for non-Muslim Filipinos is not legal unless one spouse is an undocumented immigrant and satisfies certain conditions.

Reader's Guide

Divorce is distinct from annulment, which declares a marriage null and void, and from legal separation or de facto separation. Grounds for divorce vary widely, from sexual incompatibility to infidelity. There are two basic approaches: fault-based and no-fault. In some jurisdictions, even without requiring fault, a court may consider behavior when dividing property or evaluating custody. Many jurisdictions offer both options. Laws also differ on waiting periods, residency requirements, and the interpretation of 'irretrievable breakdown of the marriage.' In Europe, divorce laws reflect differing legal and cultural traditions, with some countries having liberal interpretations and others more restrictive. Divorce laws are not static; many European countries have reduced required separation periods or overhauled their laws in the 21st century. The Roman Catholic Church's magisterium founds marriage on natural moral law, elaborated by St. Thomas Aquinas.

Did You Know?

• The only countries that do not allow divorce are the Philippines and the Vatican City.
• In some jurisdictions, living in the same household but leading separate lives can constitute de facto separation for divorce purposes.
• Some countries have no-fault divorce, while others require a declaration of fault by one or both partners.