An American marriage is a relationship between a man and a woman.
An American divorce is a legal separation.
But the laws on both topics are shifting.
In January, the United States Supreme Court ruled that the definition of a divorce in a couple’s state of residence can be expanded to include other kinds of “custody” or “sole custody” of children.
But that means a married couple in Michigan could be considered “cancellable” if their relationship ends and no children are born.
The court ruled that in the case of a non-custodial mother, it could be “reasonable” to withhold the children.
In March, the Supreme Court again ruled on the question of custody, with the court holding that “parental relationship” was “not a legal term and therefore not subject to the limitations of statutory construction that apply to statutory terms in general.”
So how do the two laws affect the two types of divorce I mentioned?
First, in the US, a divorced couple in a different state can seek to file a divorce, which requires a judge to determine if the relationship is “unhappy” or if it “has been a significant cause of tension or trouble.”
A divorce in the UK, however, can be filed in any state, regardless of residency.
It requires a court to decide if the marriage is “not in harmony with nature or in need of repair,” and a “court will not consider marital affection, affectionate affection, or affectionate feelings in deciding whether or not to grant a divorce.”
If the judge finds that the marriage was unhappy, the couple may then seek to amend the divorce to create a new “separate property” agreement, which can include the right to have their child raised by the mother, the right for the child to stay with the father, and the right not to be separated from the child.
A judge can also make any other modifications necessary, such as granting the husband custody of the children, making sure the mother has a job and the father a job, or limiting the number of children a couple may have.
But if the judge determines that the couple has no “good reason” to seek a divorce and the parties are living in different states, then they can file in the other state, and have the marriage dissolved.
A couple can file for divorce in Michigan if the mother is divorced and the husband is not.
However, the state’s attorney general has the power to issue a writ of mandate that a couple in that state must file for dissolution in Michigan.
And if the couple files for dissolution, then Michigan will recognize the divorce, and Michigan will not recognize the marriage.
For more, read the full article at The Next Spouse.