Divorce, also known as “dissolution of marriage,” occurs when a marriage is legally terminated. Divorce law governs the sometimes complicated process of divorce, helping to determine how property and assetts are divided as well as who will have custody of children the couple may have. Couples going through a divorce may want to consider hiring a qualified divorce lawyer to help determine the most equitable decisions.

Types of Divorce

There are two types of divorce:  Fault and No Fault divorce. In the past, the spouse filing for divorce had to show evidence of wrongdoing on the part of his or her partner. Today most states no longer require it. There may still be divorce cases, however, when showing that one partner is at fault may be worthwhile. The following is a description of each type of divorce.

Fault Divorce

In some cases, one partner can be shown to be at fault in a divorce. This is most common when abuse is an issue. One spouse may also be found at fault if it can be shown that he or she is guilty of adultery or abandonment. In addition, a fault divorce may be given if one partner is unable to engage in sexual intercourse or if he or she is in prison. In some cases, the divorcing spouse may want to file a fault divorce, because he or she may be awarded a greater share of the couple’s assets. Fault divorces also tend to be processed more quickly as there is no separation period like the one required for a no fault divorce.

No-Fault Divorce

A no-fault divorce is much less complicated than a fault divorce. In a no fault divorce there is no need for evidence or proof of wrongdoing. Instead, any legally recognized reason for divorce is acceptable. Generally, “irreconcilable differences,” or the mere inability to get along, is considered a valid reason for no fault divorce. This means that the other spouse cannot prevent his or her partner from filing for divorce. By challenging the decision, he or she only lends merit to the fact that the couple does not see eye to eye.

Couples seeking a divorce may want to consider consulting an experienced divorce attorney.

Techniques That Don’t Work

Some of this new research debunks conventional wisdom on marriage counseling. For example, it suggests that a popular counseling technique called “active listening” doesn’t work. “Active Listening” or “parroting” is a widely used technique in couples therapy in which one spouse complains about the other and the other spouse repeats the complaint in his or her own words and says, “I hear what you’re saying.”

Also, traditional counseling encourages couples to give up their idealized view of relationships and romance, but this new research shows that people with the highest expectations for marriage have the best marriages. Dr. Maslin explained that’s because these people care deeply, they’re willing to fight for their marriage, and to put the work into the marriage.

The study identified five types of marriages and their risk for divorce as:

Pursuer Distancer
Highest Risk
Typically the wife raises problems; the husband dismisses them and/or refuses to talk about them.

Disengaged
High Risk
These are emotionally distant individuals who don’t need intimacy, and lack mutual interests.

Operatic
High Risk
This is characterized by a tumultuous and volatile relationship, marked by cycles of fighting and making up.

Cohesive Individuated
Low Risk
The hallmarks of this type of marriage are shared responsibilities, autonomy, and a view of marriage as a refuge.

Traditional
Lowest Risk
These couples share a traditional interpretation of gender roles.

Couples who once might have wed and then divorced now are not marrying at all, according to The State of our Unions 2005. The annual report, which analyzes Census and other data, is issued by the National Marriage Project at New Jersey’s Rutgers University.

The U.S. divorce rate is 17.7 per 1,000 married women, down from 22.6 in 1980. The marriage rate is also on a steady decline: a 50% drop since 1970 from 76.5 per 1,000 unmarried women to 39.9, says the report, whose calculations are based on an internationally used measurement.

“Cohabitation is here to stay,” says David Popenoe, a Rutgers sociology professor and report co-author. “I don’t think it’s good news, especially for children,” he says. “As society shifts from marriage to cohabitation — which is what’s happening — you have an increase in family instability.”

Cohabiting couples have twice the breakup rate of married couples, the report’s authors say. And in the USA, 40% bring kids into these often-shaky live-in relationships.

“It is important now to think beyond the divorce rate to other kinds of couple unions and look at how stable they are,” says Barbara Dafoe Whitehead, a social historian and report co-author.

“It’s a pretty short period of time for that change (cohabitation) to have occurred and to have taken hold in the way it has,” she says.

In the USA, 8.1% of coupled households are made up of unmarried, heterosexual partners. Although many European countries have higher cohabitation rates, divorce rates in those countries are lower, and more children grow up with both biological parents, even though the parents may not be married, Popenoe says.

The USA has the lowest percentage among Western nations of children who grow up with both biological parents, 63%, the report says.

“The United States has the weakest families in the Western world because we have the highest divorce rate and the highest rate of solo parenting,” Popenoe says.