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Legal Aspects of Divorce

United States

Under the laws of most of the states of the United States
except New York a divorce is now called dissolution of marriage.
This change of name was accompanied by a change from fault-based divorce, whereby one party was found guilty of one of the
grounds for divorce such as adultery, abandonment, or cruel
and inhuman treatment. Now, under no-fault divorce, it is
simply necessary to plead that the marriage is “irretrievably
broken” or that there are “irreconcilable differences.”

family law probably should be linked to here to cover
this material.

grounds for divorce issues (no-fault divorce etc.)
financial settlements
children’s issues.
pre-nuptial agreements.

Canada

In Canada while civil and political rights are in the jurisdiction
of the provinces of Canada, the Constitution of Canada specifically
made marriage and divorce the realm of the federal government.
Essentially this means that Canada’s divoce law is uniform
throughout Canada, even in Quebec, that differs from the
other provinces in its use of the civil law as codified
in the Civil Code of Quebec as opposed to the common law
that is in force in the other provinces and generally interpreted
in similar ways throughout the Anglo-Canadian provinces.

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