Divorce

Grounds for divorce vary widely from country to country. Marriage may be seen as a contract, a status, or a combination of these.^[10] Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in some countries (such as Sweden,^[11] Finland,^[12] Australia,^[13] New Zealand),^[14] divorce is purely no fault, meaning that parties may separate of their own free will without having to prove someone is at fault for the divorce. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce. This is the case, for example, in many states of the US, France and the Czech Republic.^[15]

Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some jurisdictions, one spouse may be forced to pay the attorney’s fees of another spouse.^[16]

Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.^[17]

In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions. In some countries, particularly (but not only) in some former communist countries, divorce can be obtained only on one single general ground of “irretrievable breakdown of the marriage” (or a similar formulation). Yet, what constitutes such a “breakdown” of the marriage is interpreted very differently from jurisdiction to jurisdiction, ranging from very liberal interpretations (e.g. Netherlands)^[18] to quite restrictive ones (e.g., in Poland, there must be an “irretrievable and complete disintegration of matrimonial life”, but there are many restrictions to granting a divorce).^[19][20] Separation constitutes a ground of divorce in some European countries (in Germany, e.g., a divorce is granted on the basis of a 1-year separation if both spouses consent, or 3-year separation if only one spouse consents).^[21] Note that “separation” does not necessarily mean separate residences – in some jurisdictions, living in the same household but leading a separate life (e.g., eating, sleeping, socializing, etc. separately) is sufficient to constitute de facto separation; this is explicitly stated, e.g., in the family laws of Latvia^[22] or the Czech Republic.^[15]

Divorce laws are not static; they often change reflecting evolving social norms of societies. In the 21st century, many European countries have made changes to their divorce laws, in particular by reducing the length of the necessary periods of separation, e.g., Scotland in 2006 (1 or 2 years from the previous 2 or 5 years); France in 2005 (2 years from the previous 6 years),^[23] Switzerland in 2005 (2 years from the previous 4 years),^[24] Greece in 2008 (2 years from the previous 4 years).^[25] Some countries have completely overhauled their divorce laws, such as Spain in 2005,^[26] and Portugal in 2008. A new divorce law also came into force in September 2007 in Belgium, creating a new system that is primarily no-fault.^[27] Similarly, in the UK, under the new divorce law that came into force in April 2022, the person initiating the divorce process no longer has to blame their spouse for the breakdown of their marriage. Bulgaria also modified its divorce regulations in 2009. Also in Italy, new laws came into force in 2014 and 2015 with significant changes in Italian law in matter of divorce: apart from shortening of the period of obligatory separation (6 months for consensual separations and 1 year for contested ones from the previous 3 years), other forms of getting a divorce are allowed – as an alternative to court proceedings, i.e. the negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office.^[28] Austria by contrast is a European country where the divorce law still remains conservative.^[29]

The liberalization of divorce laws is not without opposition, particularly in the United States.^{[citation needed]} Indeed, in the US, certain conservative and religious organizations are lobbying for laws which restrict divorce. In 2011, in the US, the Coalition for Divorce Reform was established, describing itself as an organization “dedicated to supporting efforts to reduce unnecessary divorce and promote healthy marriages”.^{[30][undue weight? – discuss]}

The magisterium of the Roman Catholic Church founds the concept of marriage on natural moral law, elaborated by St. Thomas Aquinas, supplemented by the revealed Divine law. The doctrine of the Doctor Angelicus has been partially shared by the Eastern Orthodox Church in the course of history.^[31]

In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse. Grounds for divorce differs from jurisdiction to jurisdiction in the worldwide. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; some states allow either method.^[32]

In most jurisdictions, a divorce must be certified or ordered by a Judge in a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately, while in other areas, agreements related to the marriage have to be rendered in writing to be enforceable. In the absence of agreement, a contested divorce may be stressful to the spouses.

In some countries,^[where?] when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.

Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer’s time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude.^[33] The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called ‘Alternative Dispute Resolution’ and has gained popularity.

Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible with the marriage. This was termed “grounds” for divorce (popularly called “fault”) and was the only way to terminate a marriage. No-fault divorce is available in Australia, New Zealand, Canada, the United States and other Western countries.

Fault-based divorces can be contested; evaluation of offences may involve allegations of collusion of the parties working together to get the divorce, or condonation by approving the offence, connivance by tricking someone into committing an offence, or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.^[34]

The grounds for a divorce which a party could raise and need to prove included

• desertion
• abandonment (typically 1 year)
• cruelty
• habitual drunkenness
• drug addiction
• adultery

The requirement of proving a ground was revised and withdrawn by the terms of ‘no-fault’ statutes, which became popular in many Western countries in the late 1960s and early 1970s. In ‘no-fault’ jurisdictions divorce can be obtained either on a simple allegation of ‘irreconcilable differences,’ ‘irretrievable break-down’, or ‘incompatibility’ with respect to the marriage relationship, or on the ground of de facto separation.

A summary or simple divorce, available in some jurisdictions^[which?], is used when spouses meet certain eligibility requirements or can agree on key issues beforehand.

Key factors:

• Short duration of marriage (less than five years)
• Absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount)
• Absence or minimal value of real property at issue and any associated encumbrances such as mortgages
• Absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles)
• Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital

Most Western jurisdictions have a no-fault divorce system, in which a divorce can be granted based only on the assertion by one of the parties that the marriage has broken down irretrievably, without any need for an allegation or proof of fault.^[35] The application can be made by either party or by both parties jointly.

In jurisdictions adopting the no-fault principle, some courts may still take fault into account when determining some aspects of the terms of the divorce decree, for example, the division of property and debts and provision of spousal support. Some behaviors that may constitute marital fault, such as violence, cruelty, or substance abuse may also be considered when determining child custody, but child custody judgements are made based on a different fundamental standard: the child’s or children’s best interests.

A large percentage of divorce cases are “uncontested”, meaning that the parties to the divorce are able to come to an agreement about the division of property, custody children, and support issues instead of having those issues decided by a judge.^[36][37][38] This is also known as mutual consent divorce or mutual divorce.^[39] When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is typically granted.^[40] Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties to come to an agreement prior to entering court.^[41]

In the United States, many state court systems report that a significant number of divorce cases are filed pro se, meaning that the parties to the divorce represent themselves without a lawyer. For example, courts in urban areas of California report that almost 80% of new divorces are filed pro se.^[42]

Collaborative divorce is a method for divorcing couples to come to an agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation and often with the assistance of a neutral financial specialist or divorce coaches. The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.

Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practise collaborative divorce claim that it can be more cost-effective than other divorce methods, e.g., going to court.^[43]

Portugal, for example, allows two persons to file an electronic request for no-fault collaborative divorce in a non judiciary administrative entity. In specific cases, with no children, real property, alimony, or common address, can be completed within one hour.^[44][45][46]

Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party’s attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Some mediation companies, such as Wevorce, also pair clients with counselors, financial planners and other professionals to work through common mediation sticking points.^[47] Divorce mediators may be attorneys who have experience in divorce cases, or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.^{[citation needed]}

Polygamy is a significant structural factor governing divorce in countries where this is permitted. There is little analysis of the link between marital instability and polygyny that leads to divorce. The frequency of divorce rises in polygynous marriages compared to monogamous relationships. Within polygynous unions, differences in conjugal stability are found to occur by wife order. There are three main mechanisms through which polygyny affects divorce: economic restraint; sexual satisfaction; childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.^[48]

In some countries (commonly in Europe and North America), the government defines and administers marriages and divorces. While ceremonies may be performed by religious officials on behalf of the state, a civil marriage and thus, civil divorce (without the involvement of a religion) is also possible. Due to differing standards and procedures, a couple can be legally unmarried, married, or divorced by the state’s definition, but have a different status as defined by a religious order. Other countries use religious law to administer marriages and divorces, eliminating this distinction. In these cases, religious officials are generally responsible for interpretation and implementation.

Islam allows, yet generally advises against divorce, and it can be initiated by either the husband or the wife.^[51]

Christian views on divorce vary: Catholic teaching allows only annulment, while most other denominations discourage it except in the event of adultery.

Jewish views of divorce differ, with Reform Judaism considering civil divorces adequate; Conservative and Orthodox Judaism, on the other hand, require that the husband grant his wife a divorce in the form of a get.

The Millet System, where each religious group regulates its own marriages and divorces, is still present in varying degrees in some post−Ottoman countries including Iraq, Syria, Jordan, Lebanon, Israel, the Palestinian Authority and Egypt. Several countries use sharia (Islamic law) to administrate marriages and divorces for Muslims. Thus, Marriage in Israel is administered separately by each religious community (Jews, Christians, Muslims, and Druze), and there is no provision for interfaith marriages other than marrying in another country. For Jews, marriage and divorce are administered by Orthodox rabbis. Partners can file for divorce either in rabbinical court or Israeli civil court.^[52]

According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States.^[53] This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication “Divorces in England and Wales 2012”^[54] which reported that divorce petitions from women outnumber those from men by 2 to 1.

Regarding divorce settlements, according to the 2004 Grant Thornton survey in the UK, 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 report concluded that the percentage of shared residence orders would need to increase in order for more equitable financial divisions to become the norm.^{[55][needs update]}

Some jurisdictions give unequal rights to men and women when filing for divorce.^{[citation needed]}

For couples following Conservative or Orthodox Jewish law (which by Israeli civil law includes all Jews in Israel), the husband must grant his wife a divorce through a document called a get. Granting the ‘get’ obligates him to pay the woman a significant sum of money (10,000-$20,000) as stated on the religious prenuptial contract, which can be in addition to whatever prior settlement he had reached as far as continuous child support and funds he had to pay by court order in the civil divorce. If the man refuses (agreeing on condition he will not have to pay the money is still called refusing), the woman can appeal to a court or the community to pressure the husband. A woman whose husband refuses to grant the get or a woman whose husband is missing without sufficient knowledge that he died, called an agunah, is still married, and therefore cannot remarry. Under Orthodox law, children of an extramarital affair involving a married Jewish woman are considered mamzerim and cannot marry non-mamzerim.^[52]

In the western world as a whole, two thirds of divorces are initiated by women.^[56] In the United States, 69% of divorces are initiated by women and this may be due to higher sensitivity to relationship difficulties.^[57] 66% of all divorces occur in couples without children.^[58] An annual study in the UK by management consultants Grant Thornton, estimates the main proximate causes of divorce based on surveys of matrimonial lawyers.^[55] The main causes in 2004 were:

• Adultery – 27%
• Family strains (e.g., from the inlaws) – 18%
• Domestic violence – 17%
• Midlife crisis – 13%
• Addictions, e.g. alcoholism and gambling – 6%
• Workaholism – 6%
• Other factors – 13%

According to this survey, husbands engaged in extramarital affairs in 75% of cases, and wives in 25%. In cases of family strain, wives’ families were the primary source of strain in 78%, compared to 22% of husbands’ families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were 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.

Social scientists study the causes of divorce in terms of underlying factors that may motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner.^[59][60]

Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists.^[61][62] Couples with a high household income are less likely to divorce than poor couples.^[63]

Other personal factors, such as attending religious services regularly and having at least one child together, also reduce the risk of divorce.^[63]

Other factors include the wedding itself: Spending relatively little money on the wedding, but having a relatively high number of guests in attendance (e.g., 50 or more people) and going on a honeymoon trip, is associated with a lower risk of divorce.^[63] High-cost weddings may strain marriages by causing debt stress.^[63]

The elevation of divorce rates among couples who cohabited before marriage is called the “cohabitation effect”. Evidence suggests that although this correlation is partly due to two forms of selection (a) that persons whose moral or religious codes permit cohabitation are also more likely to consider divorce permitted by morality or religion and (b) that marriage based on low levels of commitment is more common among couples who cohabit than among couples who do not, such that the mean and median levels of commitment at the start of marriage are lower among cohabiting than among non-cohabiting couples), the cohabitation experience itself exerts at least some independent effect on the subsequent marital union.^[64]

In 2010, a study by Jay Teachman published in Journal of Marriage and Family found that women who have cohabited or had premarital sex with men other than their husbands have an increased risk of divorce and that this effect is strongest for women who have cohabited with multiple men before marriage. To Teachman, the fact that the elevated risk of divorce is only experienced when the premarital partner(s) is someone other than the husband indicates that premarital sex and cohabitation are now a normal part of the courtship process in the United States.^[65] This study only considers data on women in the 1995 National Survey of Family Growth in the United States. Divorce is sometimes caused by one of the partners finding the other unattractive.^[66]

Recent studies show that the cohabitation effect on divorce varies across different cultures and periods. Another article published in Journal of Marriage and Family found that when cohabitation was uncommon in pre-reform China, premarital cohabitation increased the likelihood of subsequent divorce, but this association disappeared when cohabitation became prevalent.^[67]

Women are six times more likely to be separated or divorced soon after a diagnosis of cancer or multiple sclerosis than men.^[68] A review found a small decrease of divorce rate associated with most cancer types, but stated methodological weakness for many published studies which studied the association between divorce and cancer.^[69]

Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than non-divorced families.^[70]

Research done at Northern Illinois University on Family and Child Studies suggests that divorce of couples experiencing high conflict can positively affect families by reducing conflict in the home. There are, however, many instances when the parent-child relationship may suffer due to divorce. Financial support is many times lost when an adult goes through a divorce. The adult may be obligated to obtain additional work to maintain financial stability. This can lead to a negative relationship between the parent and child; the relationship may suffer due to a lack of attention towards the child and minimal parental supervision.^[70]

Studies have also shown that parental skills decrease after a divorce occurs; however, this effect is only a temporary change. “Many researchers have shown that a disequilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re-stabilization has occurred and parenting skills have improved.”^[71]

Some couples choose divorce even when one spouse’s desire to remain married is greater than the other spouse’s desire to obtain a divorce. In economics, this is known as the Zelder Paradox and is more familiar with marriages that have produced children and less common with childless couples.^[72]

Research has also found that recent divorcees report significantly higher hostility levels after the divorce than before, and that this effect applies equally to both male and female divorcees.^[73]

In an American Psychological Association study of parents’ relocation after a divorce, researchers found that a move has a long-term effect on children. In the first study conducted amongst 2,000 college students on the effects of parental relocation relating to their children’s well-being after divorce, researchers found major differences. In divorced families in which one parent moved, the students received less financial support from their parents compared with divorced families in which neither parent moved. These findings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. Although the data suggests negative outcomes for these students whose parents relocate after divorce, there is insufficient research that can alone prove the overall well-being of the child^[74] A newer study in the Journal of Family Psychology found that parents who move more than an hour away from their children after a divorce are much less well off than those parents who stayed in the same location^[75]

Research has shown that children are greatly affected by the disunion of their parents’ marriage. In most cases these effects are displayed in academic strain, difficulty in regulating mood and emotions, and a tendency to find outlets in harmful substances or activities such as drugs, alcohol, and violence.^[76]

Frequently, children who have experienced a parental divorce have lower academic achievement than children from non-divorced families^[77] A review of family and school factors related to adolescents’ academic performance noted that a child from a divorced family is two times more likely to drop out of high school than a child from a non-divorced family. These children from divorced families may also be less likely to attend college, resulting in the end of their academic career.^[78]

Often academic problems are associated with children from single-parent families. Studies have shown that this may be directly related to the economic effect of divorce. A divorce may result in the parent and children moving to an area with a higher poverty rate and a poor education system, because of the financial difficulties of a single parent.^[79]

Children of divorced parents also on average achieve lower levels of socioeconomic status, income, and wealth accumulation than children of parents who remain married. These outcomes are associated with lower educational achievement.^[80]

Young men or women between the ages of 7 and 16 who had experienced the divorce of their parents were more likely than youths who had not experienced the divorce of their parents to leave home because of friction, to cohabit before marriage, and to parent a child before marriage.^[81]

Divorce often leads to worsened academic achievement in children ages 7–12, the most heightened negative effect being reading test scores. These negative effects tend to persist, and even escalate after the divorce or separation occurs.^[82]

Divorce is associated with diminished psychological well-being in children and adult offspring of divorced parents, including greater unhappiness, less satisfaction with life, weaker sense of personal control, anxiety, depression, and greater use of mental health services. A preponderance of evidence indicates that there is a causal effect between divorce and these outcomes.^[80]

A study in Sweden led by the Centre for Health Equity Studies (Chess) at Stockholm University/Karolinska Institutet, is published in the Journal of Epidemiology & Community Health found that children living with just one parent after divorce suffer from more problems such as headaches, stomach aches, feelings of tension and sadness than those whose parents share custody.^[83]

Children of divorced parents are also more likely to experience conflict in their own marriages, and are more likely to experience divorce themselves. They are also more likely to be involved in short-term cohabiting relationships, which often dissolve before marriage.^[80] There are many studies that show proof of an intergenerational transmission of divorce, but this does not mean that having divorced parents will absolutely lead a child to divorce. There are two key factors that make this transmission of divorce more likely. First, inherited biological tendencies or genetic conditions may predispose a child to divorce as well as the “model of marriage” presented by the child’s parents.^[84]

According to Nicholas Wall, former President of the Family Division of the English High Court, “People think that post-separation parenting is easy – in fact, it is exceedingly difficult, and as a rule of thumb my experience is that the more intelligent the parent, the more intractable the dispute. There is nothing worse, for most children, than for their parents to denigrate each other. Parents simply do not realize the damage they do to their children by the battles they wage over them. Separating parents rarely behave reasonably, although they always believe that they are doing so, and that the other party is behaving unreasonably.”^[85]

Children involved in high-conflict divorce or custody cases can experience varying forms of psychological distress due to conflict between their parents.^[86] Legal professionals recognize that alienating behaviors are common in child custody cases, but are cautious about accepting the concept of parental alienation.^[87]

Research shows that children can be affected 2–4 years before the separation or divorce even occurs. This can be due to parental conflict and anticipation of a divorce, and decreased parental contact. Many couples believe that by separating, or becoming legally divorced that they are helping their children, and in situations of extreme parental conflict or abuse it most likely will be beneficial.^[82]

Exposure to marital conflict and instability, most often has negative consequences for children. Several mechanisms are likely to be responsible. First, observing overt conflict between parents is a direct stressor for children.^[88] Observational studies reveal that children react to inter-parental conflict with fear, anger, or the inhibition of normal behavior. Preschool children – who tend to be egocentric – may blame themselves for marital conflict, resulting in feelings of guilt and lowered self-esteem. Conflict between parents also tends to spill over and negatively affect the quality of parents’ interactions with their children. Researchers found that the associations between marital conflict and children’s externalizing and internalizing problems were largely mediated by parents’ use of harsh punishment and parent–child conflict. Furthermore, modeling verbal or physical aggression, parents “teach” their children that disagreements are resolved through conflict rather than calm discussion. As a result, children may not learn the social skills (such as the ability to negotiate and reach compromises) that are necessary to form mutually rewarding relationships with peers.^[89]

Girls and boys deal with divorce differently. For instance, girls who initially show signs of adapting well, later suffer from anxiety in romantic relationships with men. Studies also showed that girls who were separated from their fathers at a younger age tended to be angrier toward the situation as they aged. Anger and sadness were also observed as common feelings in adolescents who had experienced parental divorce.^[90]

Children of divorced or separated parents exhibit increased behavioral problems and the marital conflict that accompanies parents’ divorce places the child’s social competence at risk. Children of divorced parents are more likely to search for outlets to cope with their emotions. For many struggling with social understanding and concepts of abuse or a lack of love in the home, drug abuse and general misconduct or violence are some of the indulgences that these children may be involved in.^[91]

^[92]

In the United States of America, since the mid-1990s, the divorce rate has increased to over 50% among baby boomers. More and more seniors are staying single; an analysis of census data conducted at Bowling Green State University predicted that divorce numbers would continue to rise. Baby boomers who remain unmarried are five times more likely to live in poverty than those who are married. They are also three times as likely to receive food stamps, public assistance or disability payments.^[93]

Sociologists believe that the rise in the number of older Americans who are not married is a result of factors such as longevity and economics. Women, especially, are becoming more and more financially independent which allows them to feel more secure with being alone, in addition to changing perceptions of being divorced or single. This has resulted in less pressure for baby boomers to marry or stay married.^[93]

China currently holds one of the highest divorce rates in the Asia Pacific region. Compared to 2000, China’s divorce rates have gone up substantially from a 0.96 crude divorce rate to 3.09 rate in 2020.^[94] While China’s divorce rate has been increasing since 2000, the highest recorded crude divorce rate in the past 20 years was in 2019 with 3.36 divorces.^[94] Since 2019, China’s recorded divorce rate has gone down.

As of 2019, women initiate more than 70% of divorces in China.^[95]: 232

China has no-fault divorce which was implemented through the New Marriage Law in 1950. This allows individuals to divorce without showing any evidence of wrongdoing. China is one of the only Asian countries which permits no-fault divorce. ^{[citation needed]}

As of January 2021, China introduced a new policy called the “cooling-off rule”.  China, seeing the rise in divorce rates increasing on a yearly basis, the Marriage and Family Edition of Civil Code of the People’s Republic of China secured an article 1077 establishing a mandatory cooling-off period, which has two requirements. First, on the day in which authorities have received the divorce applications, both parties can withdraw the registration within 30 days, and additionally to that, after 30 days are up, couples are required to physically apply for divorce certificate, and if they do not show up, the initial divorce application will be automatically perceived as withdrawn.^[96] This novel policy has been extremely controversial, where couples are required to wait for at least 30-days before they can commence a divorce. The 30-day cooling off period is created with the aim of generating more social stability, which avoids couples from making rushed or in-the-heat-of-the-moment emotionally-charged decisions. Family stability has always been culturally rooted in China, influenced by Confucian beliefs where the harmony of family brings the success of everything.^[97] A divorce can only be granted when couples have gone through a one-month long delay in order to make a decision.

Since the implementation of the cooling-off rule, China’s Ministry of Civil Affairs discovered a sharp 72 per cent drop in divorce rates since the previous quarter.^[98] It would thus appear that, given the 30-day cooling-off period, many couples eventually change their minds, potentially supporting the argument that most divorce decisions are made irrationally and emotionally. Although this measure has helped to reduce divorce rates in the country, Chinese citizens have responded negatively to the cooling-off policy, especially in cases of domestic abuse. According to the China Digital Times, a woman by the name of Kan Xiaofang was violently murdered by her husband during the 30-day cooling-off period after filing for divorce in 2021.^[99] As a result of such incidents, the 30-day rule has angered Chinese feminists, who believe that the policy undermines the concept of freedom, and does not take into consideration of domestic violence, which runs commonly within Chinese households. With this policy being implemented relatively recently, many thus argue that the policy must be examined more deeply to analyze the consequences of delaying the divorce process.

India has one of the lowest divorce rates in the world with around 1% of marriages ending in divorce, mainly because divorce is still stigmatized and seen as taboo amongst a lot of families in India. A lot of individuals also split without choosing to go through the process of divorce.^{[citation needed]} Even though it was considered as a taboo in 1980s, nowadays people’s mindset has started to change and taboo against divorce has reduced.^{[citation needed]}

Divorce is governed by various acts in India, depending on the religion of the couple:

• The Hindu Marriage Act, 1955
• The Parsi Marriage and Divorce Act, 1936^[100]
• The Dissolution of Muslim Marriages Act, 1939
• The Special Marriage Act, 1954
• The Foreign Marriage Act, 1969
• The Indian Divorce Act, 1869.^[101]

male and female relationship