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Frank Tournour Explains Divorce Procedures

By Frank Tournour

Throughout the World Universally understood as the word that describes the end of a marriage, divorce remains a weighty subject in the United States and throughout nearly every corner of the world. While the practice crosses many cultural and geographical boundaries, the way that divorce is carried out in other parts of the globe varies greatly. In Western law, the dissolution of marriage once required a stated reason, which today can include one of several “no-fault” statutes.

For the most part, Western nations grant divorces based on some 16 different reasons. The reasons can establish the existence of abandonment, cruelty, desertion, adultery, or other issues that caused the divorce. Reasons like “irreconcilable differences,” however, represent “no-fault” statues, which have gained popularity in the United States, South Africa, New Zealand, and Canada since the 1960s. Any party that is married by law may request a divorce, which requires a court certification or judge order. Before the divorce is made final, both parties and the court take a number of issues into account, including prenuptial agreements, the division of assets, and possible child custody arrangements, if applicable.

Today, the Unites States has a particularly high divorce rate, but these rates vary widely depending on age, education, ethnicity, and other demographic variables. While divorce rates were continuing their rise throughout the United States and Europe in the 1990s, India enjoyed one of the lowest divorce rates in the world. In this region, arranged marriage remained quite common and divorce heavily frowned upon. For many, divorce represented a failure to uphold serious vows of commitment and devotion.

Previously, the Indian government had made it quite difficult to obtain a divorce, offering only a lengthy process that allowed only a few possible reasons as grounds for the dissolution of a marriage. However, India has seen a rapid rise in divorce over the past decade, and many experts predict that the trend will continue as the country becomes increasingly modernized.