The US is one of the most divorced countries in the world at over 50% divorce rate however in Europe the divorce rates are ever higher ranging above 60% 

The debate is on whether a person should be able to get a divorce considering certain terms

Compared to the rest of the world the US is pretty far up there in the divorce to marriage rate

For instance, a highly publicised case in 2000 changed the legal landscape for divorcing couples in this country. The Court decided that in the future the outcome for divorcing couples should be balanced against a “yardstick of equality”. Therefore, in most marriages, regardless of length and regardless of each party’s contribution to the finances, the Court is under a duty to consider equality as a starting point on divorce and that equal division of assets should apply unless there is good reason to depart from it.

This principle has helped to prevent discrimination against those Mums who stay at home looking after children rather than go out to work, despite any non-financial contribution to the marriage. Even those assets created independently by your high earning husbands or inherited by them may be taken into account and divided equally on divorce.

In 2006, the Courts agreed that there should be three “strands” for achieving fairness and for giving “each party an equal start on the road to independent living” — which are meeting needs, providing compensation and, finally, sharing the fruits of the marriage partnership. In this way, English law may take into account your valued contribution and the potential “financial loss” you may have suffered by sacrificing your own career for the good of the family.

Furthermore, the law in this country provides (under the Matrimonial Causes Act 1973) that wives (as well as husbands) may make various claims on divorce — to spousal maintenance (the English word for alimony), maintenance for children, a cash payment (in other words, a lump sum), a property, and also a share of any pension.

 

For purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states, both the husband and wife equally own all money earned by either one of them, regardless of which spouse acquired it, from the beginning of the marriage until the date of separation. Similarly, all property acquired during the marriage with community money is deemed to be owned equally by both spouses. Community property is generally divided equally between the spouses, and each spouse keeps keeps his or her individually owned property (usually premarital assets).

 

With equitable distribution, on the other hand, assets and earnings accumulated during marriage are divided fairly, but not necessarily equally. The court may consider such factors as the respective spouses' substantial contribution to the accumulation of the property, the market and emotional value of the assets, tax and other economic consequences of the distribution, the parties' needs, and any other factor relevant to fairness and equity. Alimony payments, child support obligations, and all other property will be considered as part of the equitable distribution. 

 

The terms of a divorce are usually determined by a court, though they may take into account antenuptial agreements (also called "prenuptial agreements") or postnuptial agreements. Courts may also allow the parties to agree privately to terms for the divorce, subject to the court's final approval. Such agreements are often reached after mediation or other forms of alternative dispute resolution. If the spouses are able to agree to the terms of the final divorce prior to filing, it is often called an "uncontested divorce." Uncontested divorces are usually much less expensive, much more amicable, and much quicker than disputed divorce cases. 

 

In cases involving children, states have a significant public interest in ensuring that the children are adequately provided for, and that they are in the custody of a parent or guardian who will provide a stable and supportive home environment. All states now require parents to file a parenting plan or to decide on custody and visitation, either by reaching a written agreement or in a court hearing, when they legally separate or divorce. 

 

Divorce law deals with the legal proceeding governed by state law that terminates a marriage relationship, requiring a petition, or complaint for divorce or dissolution by one of the parties. Once a divorce is final, parties to a divorce are free to remarry. Grounds for divorce vary by state statutes. Some states still require a minimal showing of fault, but no-fault divorce is now the rule, with some states allowing divorce based on fault and no-fault grounds. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time. In most states the period from original filing for divorce, serving the petition on the other party and final judgment, or decree, takes several months to allow for a chance of reconciliation.

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There are two types of annulment: civil annulment (granted by the state government after a court proceeding) and religious annulment (granted by a church).

Grounds for Civil Annulment

Grounds for civil annulment vary slightly from state to state, but generally, an annulment requires that at least one of the following reasons exists:

Fraud or misrepresentation. One spouse concealed or lied about something that was essential to the marriage, like the ability to have children.

No consummation of the marriage. One spouse is physically unable to have sexual intercourse, and the other spouse didn’t know it when they got married.

Incest. The spouses are too closely related by blood so that their marriage is illegal under the laws of the state where they married.

Bigamy. One of the spouses was still legally married to someone else at the time of the alleged marriage.

Underage. One of the spouses is under the age of consent.

Unsound mind. One or both of the spouses was too impaired by alcohol or drugs at the time of the wedding (or didn’t have the mental capacity for some other reason) to understand what was happening and give consent to the marriage.

Force. One of the parties was forced into getting married.

Most annulments take place after marriages of a very short duration -- a few weeks or months -- so there are usually no assets or debts to divide, or children for whom custody, visitation, and child support are a concern.

When a long-term marriage is annulled, however, most states have provisions for dividing property and debts, as well as determining custody, visitation, child support, and alimony. Children of an annulled marriage are not considered illegitimate.