dissolution
Quick Summary
Divorce is the legal dissolution of a marriage, terminating the marital relationship. Before a divorce can occur, a valid marriage must have existed. If a marriage was not legally constituted, it may be annulled on grounds such as lack of capacity or consent.1
Historically, marriage was viewed as a transfer of a woman to her husband's authority, with dissolution often occurring through repudiation. Different legal systems have varied approaches, from repudiation at will in Roman law to the concept of marriage as an indissoluble sacrament in some Christian traditions.1
Modern divorce laws include grounds such as fault (adultery, cruelty), frustration of contract (insanity), and no-fault divorce based on incompatibility or irreconcilable differences. Divorce can also involve complex issues like recognizing foreign divorces and the potential for a "limping" relationship where a person is considered married in one jurisdiction and single in another.1
In Jewish tradition, a religious divorce document called a "get" is required for the severance of a marriage bond, though civil law often takes precedence. Divorce settlements can have significant financial and tax implications, affecting filing status, dependent claims, alimony, and the division of marital property and retirement accounts.23
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