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Divorce Rates

Regularly in the media you hear news about divorce rates, along with the most common items that contribute to divorce. But what is the actual truth. Are the divorce rates increasing or decreasing, and what are the most common factors contributing to divorce?

Many people believe that divorce rates are not as high as that communicated by the media. In fact, some professors believe that since around 1980, the divorce rate has in fact stabilized. However this is difficult to prove as since 1996, accurate statistical data stopped being collected. In fact most of the information and statistics about divorce rates now comes from polls rather than accurate data.

As the information comes from polls rather than accurate statistical data, it is somewhat hard to say for sure whether divorce rates are rising or declining. But it is believed that the rates are now declining. Which has to be good news for U.S. citizens since we regularly feature in the top 10 worldwide countries listing of high divorce rates.

So I guess the next question has to be why the U.S. has continually such high divorce rates. Well, nothing is sure. But there are some main contributory factors that have been identified.

When women’s wages began to increase some years ago and more women started going out to work rather than staying at home looking after the children, their spouse began to feel threatened. For those who couldn’t cope with this new situation, their marriages resulted in divorce, and this continues to be a key factor today.

Religion also plays a strong role in divorce. When one party in the marriage develops strong religious beliefs that either contradict with the other party or become too overbearing to cope with, divorce results.

Changes in the divorce laws have also helped to increase the divorce rates. It used to be that getting divorced had a stigma attached and most people would prefer either to separate without going through divorce proceedings, or try and remain together to avoid loss of face. However with the introduction of no-fault divorces combined with a drop in the stigma attached with getting a divorce, the divorce rates began rising.

Another key contributory factor to the high divorce rates in the U.S and other Western countries is longevity. Due to the advances of medicine and science we are all living longer, which results in a longer marriage relationship, thereby increasing the chance of divorce.

As a whole, there are many contributory factors to the high divorce rates. Having said that, if it now appears that divorce rates are decreasing, that has to be good news and means that we are doing something better in our society today than previously.

Reasons for Divorce

Generally there are two main reasons for divorce that can be cited in court - a divorce on fault grounds or a no fault based divorce. However, what is more interesting to research is the actual underlying reasons why a couple chooses to file for divorce.

The reasons for divorce in a fault based divorce are somewhat more tangible. As there has to be evidence produced in court to back up a fault based divorce, there can be little doubt what the underlying reason is.

However for a no fault based divorce, the reasons can vary so dramatically, it is not an underestimation that if you ask roughly one hundred divorced people the reason why they got divorced that you would receive one hundred different answers. The reason being that divorce is a highly personal matter and everyone will answer their question from their own perspective.

Going through a divorce is, without a doubt, a very emotional time for all parties concerned. Due to this, even though initially the reasons for divorce may have been due to the two parties growing apart, at the end of the process both parties may see things differently. This is particularly the case where the divorce process has been messy.

It is clear from all the statistical evidence collated, that there are usually several contributing reasons for divorce. These reasons can be as wide ranging as differences in parental styles, to substance abuse, to financial problems. In addition the background you had when you were growing up can also be a strong contributing factor. If your parents are divorced then there is a high probability - in fact thought to be twice as high - that you are likely to experience divorce for yourself.

Cohabiting before entering into a marital relationship is also thought to be a leading factor for divorce, according to the statistics. This is not least due to the fact that there is a strong pressure for cohabiting couples to marry before they are ready to. It is also believed, but not proven, that cohabiting couples subsequently entering into a marriage relationship will take the relationship less seriously and therefore make less of an effort to make it a success.

Overall, whatever the reasons for divorce are, no-one actively enjoys going through the divorce process. So the reasons must be good, even if people outside of the relationship do not fully understand what they are.

Divorce Rights

The divorce rights of each main party involved in a divorce have always fluctuated throughout history, and still continue to do so today. Initially divorce rights were based on common law with one party having to be at fault in order for the divorce to be legalized. The party at fault was subsequently punished heavily as divorce was usually filed under a cause such as abuse or adultery.

With the changes in divorce rights over the years, it is now possible to file for a ‘no-fault’ divorce in most states. As such the rights of each party can be complex to determine, and often both sides involved hire a trained professional in order to ensure that their rights are protected.

To make it clear, divorce rights extend beyond the valid reasons of being able to apply for divorce. They cover financial settlement aspects, child custody and support, as well as including visitation rights and schedules. Generally in divorces where children are concerned, a neutral third party is used to mediate between the two divorcing parties to see if an agreement can be reached by both sides. However if this fails, then the court is called upon to decide the divorce rights and custody issues related to the children.

Although until now I have only addressed divorce rights in the form of getting advice from a professional, there are also several chat rooms on the internet where you can learn about the experiences of other people during a divorce. Though whilst being helpful and informative, you need to keep in mind that the information and advice is based on other peoples experiences and cannot replace the advice of a professionally trained person.

There is no doubt that if you and your partner are contemplating divorce, the easier and perhaps best way to resolve your divorce rights is to work out things amicably between yourselves. If you can do this, you save a lot of legal time, costs and court appearances, as well as it being less detrimental to the children, if there are children involved. But often this is not possible with one or both parties feeling blamed which leads to a bad feeling.

Finally, like with all things divorce related, the divorce rights of each party differ from state to state. Therefore what I would recommend, at least at one point during your divorce, is to ask for advice from a trained professional in this area, even if it is just for guidance purposes.

How to Get a Divorce in Utah

A judge grants a divorce after your divorce form is submitted to the court, and all required appearances before the judge are completed. In uncontested divorce cases often times you do not even have to physically appear in front of court to get a divorce.

In Utah you may file the forms yourself, or obtain a lawyer's assistance. You could also seek help from Utah's "Online Court Assistance Program" if you and your spouse have less than six children, and you and your spouse's combined income has to be under $10,100 per month. FAQWhat is an annulment? When the court declares an annulment, it’s declaring that the couple was never married because the marriage is void under Utah law, or the marriage resulted in fraud. Utah law does not recognize marriages involving incest, where one spouse has a previous undivorced spouse, and where the person performing your ceremony is unauthorized to do so. Generally courts refuse to annul a marriage if children were born during the marriage.

What is legal separation? Legal separation is when the parties live separately, but remains legally married to one another, it’s not a divorce. The couples rights and legal duties to one another are defined in a "Decree of Legal Separation". A Decree of Legal Separation covers matters such as spousal support, child support, division of property and payment of debts.

Can the same lawyer represent both my spouse and me?No. This is because there is almost always conflict of interest between spouses, which prevents the attorney from properly representing both sides.

How is property divided? Regardless of the income source, Utah laws recognize that both spouses contributed to any property acquired during the time married. Utah requires an "equitable" division of property but not necessarily equal. The division or property usually uses these factors; how long the marriage lasted, the age and health of all parties, their occupations, the amounts and sources of income, and also related issues/matters. It doesn't matter whose name is on the house, the car, or even boat the courts have the power to divide all property owned by either or both spouses. The judge will consider if the parties divided their property by agreement, and he’ll review it to decide if it’s fair. Just remember the property division cannot be reopened after its final, except under very rare, limited circumstances.

Advantages of an Uncontested Divorce versus a Contested Divorce

An uncontested divorce is the only way to go when getting a divorce. For one, you do not need an attorney, the divorce is done in private, and issues can be negotiated 1 on

An uncontested divorce is the only way to go when getting a divorce. For one, you do not need an attorney, the divorce is done in private, and issues can be negotiated 1 on 1. You may need an attorney if you can not make an agreement of every issue you negotiate. Disagreements you should be ready for are the grounds for divorce, payment of family debts, visitation rights, division of the assets of the marriage, child support, alimony, custody of the children, payment of health insurance for the dependent, contribution toward educational expenses, and income tax.

It is important that you negotiate all the issues of the divorce before you file for an uncontested divorce. Uncontested divorces are given an identification number and are considered by the court as an issue that will eventually need trial time in order to resolve problem issues in the divorce. This is because until you two get all the issues of the divorce case negotiated your uncontested divorce is considered a "Contested Divorce".

When all the issues are negotiated you can then stipulate to the court to have the matters heard as an Uncontested Divorce or "no fault divorce" matter. The court will then expedite the Hearing then they will hear proof of the agreement of the grounds of the divorce. The proper way to prove the grounds of the divorce is with an Uncontested Divorce form. Id highly recommend you to get your form from legalformsbank.biz for your state's specific up-to-date Uncontested Divorce form. Be aware of sites where you must type in your personal information so they can "generate" your legal form. Not only are you giving someone else your extremely sensitive information that could be used for all kind of identity fraudArticle Submission, your liable to have your money and information taken from hackers who put up legitimate looking sites then disappear off the net without ever giving you your Uncontested Divorce form.

The "Non-Divorce" Divorce

This past week, typically mindless commentary during a popular morning talk show caught my attention . . .The host claimed there is a new phenomenon in which a married couple remains together, in almost every sense of the word, despite the fact that both desire a divorce. He referred to it as the “non-divorce” divorce.

This past week, typically mindless commentary during a popular morning talk show caught my attention. All of a sudden amidst my morning routine, I heard words and phrases like "solution" and "cost-effective" and "best interests of the children" and… "divorce." The host claimed there is a new phenomenon in which a married couple remains together, in almost every sense of the word, despite the fact that both desire a divorce. He referred to it as the "non-divorce" divorce. Supposedly, this trend is gaining popularity as the solution to a failed marriage.

The "non-divorce" divorce is a mutual verbal agreement between two married individuals who want to keep their marriage in tact, but fully accept that the relationship is over. The goal is to feel divorced while continuing to live together and not get a divorce. In other words, the couple does not want to go through the divorce process, but they don't want to reconcile either. They don't want to hire attorneys, file papers, argue over custody or support, lessen the time their children see either of them, or lose one-half of their financial assets. So, they decide to remain as if they are married. They live in the same family home as roommates, participate in their children's lives as they had before they wanted a divorce, and maintain/preserve the marital estate.

Of course, most couples who attempt the "non-divorce" divorce are those who have children and/or those that have been married a considerable period of time and do not feel it is beneficial to disrupt the community on an emotional or financial level. Or at least they feel that the costs of a divorce clearly overshadow the costs of remaining together-even when there is no love left.

I cannot speak to the negative psychological effects that could result from this "solution." However, I can certainly speak to the negative legal effects and problems that could arise.

First, if you never decide to separate in family law terms (that is, one party making a conscious decision that the marriage is irrevocably over and communicating the intention to end the marriage), there is never a date of separation. The "date of separation" is important in family law because it marks the end of the community. From that date there is no longer a collection of community assets or community debts-instead, a spouse's separate property and debts begin to accumulate, as they did before marriage. Your spouse will continue to be entitled to one-half of all of your property and you will be liable for one-half of your spouse's debt. Therefore, if you are both managing your finances separately without full disclosure and mutual agreement, you could be adversely affected. What's more, your spouse will continue to be entitled to all benefits they were when you were happily married, including possible rights to the family home, life insurance, devises/gifts from a will or trust, and health insurance, to name a few.

The determination of a long term marriage (which can yield indefinite spousal support) is also associated with the date of separation. For example, if your marriage is eight years in duration, and you attempt a non-divorce for 3 years, followed by a real dissolution, the court's characterization of the marriage as long term will probably be contested and require substantial litigation.

Living as financially independent roommates could also present a problem with expenses. Unless you agree to distribute both of your respective incomes in a way that benefits the community, one spouse may not have enough to support his or her lifestyle. Regardless, if you are still residing in the family home with your spouse, the courts will not grant any spousal or child support. Since you have avoided going to the courts entirely, a support award is virtually impossible anyway.)

In the same way, no child custody or visitation orders will ever be established. This means that after attempting the "non-divorce" divorce for a year or so, and after resorting to the real thing, a parent may have a hard time making a case that he or she should be the primary custodian. This is because even if one parent is the primary caregiver during the non-divorce, this fact will be hard to establish if both parents were living in the same home all the while.

For the aforementioned reasons, the non-divorce presents significant legal problems. Spouses who try this "solution" cannot be guaranteed that one spouse will not attempt to obtain a legal divorce down the road. If this occurs, a spouse will not be afforded some of the protections that a traditional divorce provides. In order to ensure that you make an educated decision, you should speak to an attorney who specializes in family law matters. He or she can point you to two potential solutions-a post-nuptial agreement or a legal separation. Both options will cost some amount of fees and time in mundane paperwork, but will allow you to live whatever lifestyle you want with protection and peace of mind.