General Question

flo's avatar

Where in a western democracy is a court needed to approve you're justified in wanting a divorce?

Asked by flo (12381points) 2 weeks ago

As asked.

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30 Answers

stanleybmanly's avatar

Formerly ,when marriage was taken seriously, the answer would be “everywhere”. Nowadays, it varies from jurisdiction to jurisdiction.

flo's avatar

But the OP is, what are the jurisdictions/countries.

stanleybmanly's avatar

Another of your torture questions. How many answers do you expect to this question? You are in effect asking for a list of jurisdictions. Not only that, the question is so hopelessly vague that it can be understood to ask for an accounting of jurisdictions world wide.

flo's avatar

@stanleybmanly look at your first answer. You found it clear/ etc., enough.

stanleybmanly's avatar

But even within countries, the rules may vary from place to place. Here it would be from state to state.

flo's avatar

That’s what your first post says. Thank you.

stanleybmanly's avatar

You’re welcome, but that is not what it says.

flo's avatar

”...it varies from jurisdiction to jurisdiction.”
and
”...the rules may vary from place to place. Here it would be from state to state.”
Same thing.

flo's avatar

…By the way it’s not worldwide, the OP says in western democracies,

stanleybmanly's avatar

Only half the world, but the first answer says that it varies from place to place. The second says in America (here) it varies from state to state, meaning there is no unified code for our country. Do you ever wonder why there’s such a hodgepodge of variability in the civil codes across our country?

flo's avatar

Wow. “Only half the world?” and the rest.

Just one country/jusrisdiction where it’s not necessary to prove anything to anyone (when there are no children involved at least.)

flo's avatar

…or just one western democracy jurisdiction where the court has to approve your divorce: New York State.

“The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. You should go to the Supreme Court in the county where you or your spouse now live.”

https://tinyurl.com/yyk5ueq5

stanleybmanly's avatar

So is your original question asking for a list of examples requiring court approval or a single example the reader might know offhand?

LostInParadise's avatar

All U.S. states offer no fault divorce. No reasons are required. I would think most European countries would also offer no fault divorce. Some democracies with a strong religious influence may be different. I thought that India might be one such country, but they offer mututal consent divorces.

flo's avatar

@LostInParadise So what about New York State my previous post?

flo's avatar

…I mean re. if “No reasons are required”, then why is there such a thing as going to the supreme court? The initiator of the divorce can to be forced by the one who doesn’t want the divorce to go to court and justify it?

janbb's avatar

In my state, a county judge granted the divorce but there was no question of having to justify anything.

LostInParadise's avatar

@flo , In the case where both people want the divorce then no reason is needed. Apparently, in New York, if there is a disagreement over whether there should be a divorce, then reasons need to be supplied. From the state’s point of view, a marriage is a contract between two people. In general, you can’t legally just walk out of a contract.

flo's avatar

@LostInParadise When it’s personal relashinship, just like an unmarried couple are in one, they can can just break up. It’s not a contract because it’s not a business, it’s a vow. So, why would a judge need to know if one of them wants to just break up. Doesn’t a person just want to break up? I don’t think marriage should be made to sound like no different from a business transaction between stranges. Some things are just too personal and no one should be forced to talk to a stranger about personal things. Can it get any more anti freedom?

LostInParadise's avatar

A marriage is a written contract requiring the signatures of both parties.

flo's avatar

@LostInParadise here are some sites that address it, in addition to my last post.
https://tinyurl.com/y6rezn3a (marriage is not a business contract/Google)

LostInParadise's avatar

Marriage is a written agreement signed by both parties and witnessed by the state. Those who say this is a covenant rather than a contract say that God is a third party. Separation of church and state eliminates this possibility.

flo's avatar

@LostInParadise There should be no forcing anyone to stay in a relashinship whether married or not married. One of them should be able to just say “I don’t want to be in a relashionship anymore.”

By the way how many search results are there in the above link?

LostInParadise's avatar

Nobody should be forced to stay in a marriage if they don’t want. You are free to break a contract but, depending on the wording, may be forced to pay damages. Some couples have prenuptial agreements that spell out what happens in case of a divorce.

flo's avatar

@LostInParadise But why bring up damages? Anyone can sue for damages in any kind of relationship, neigbours, ex platonic friends, ex spouses with prenuptual agreement or not. etc. The divorce should happen immediately anyway. Refer the ones without complications, if you want.

LostInParadise's avatar

Contested divorces tend to be messy. How are possessions and cash to be divided? Who gets custody of the children? How much child support is required? You can’t just walk out without deciding these issues.

Sagacious's avatar

Some U.S. states still require cause (grounds) for divorce. Others are truly no-fault…..there need be no discussion as to fault. In states that require cause (grounds) there may be grounds called “irreconcilable differences.” People tend to think that is a no-fault divorce but it isn’t. The court can and does at its discretion require proof of such breakdown in the marriage. States are again starting to require waiting periods (separation) prior to granting divorce, particularly where children have been born to the couple.

flo's avatar

@LostInParadise I asked re. the ones without complications not the ones with complications.

LostInParadise's avatar

If one person wants a divorce and the other does not then there are complications.

flo's avatar

@LostInParadise Only according to people who want to enslave people.

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