In some countries, people can just say “I divorce thee” three times and it’s done. Why does a judge have to be involved for me to end my marriage?
The term “marriage” means a lot of things to a lot of people. To some, it is a moral obligation. To others, it is a religious covenant.
Under the law, it is a contract.
Yes that’s a right. A contract. And it’s a highly regulated contract at that.
The government sees fit to regulate certain contracts. Think insurance policies or brokerage agreements. Marriage is no exception. You have to a have a license to be formally married. It is possible to be informally married (formerly known as “common law” marriage). But even that has certain requirements.
In order to terminate the marriage contract, you have to go to court, present evidence and persuade a judge to declare you divorced. That judge cannot grant the divorce unless you also present evidence regarding the division of your marital property, custody rights in the children, access and visitation with the children, medical and dental insurance for the children, and other issues.
Once the hearing is over and if the divorce is granted, the judge will sign a divorce decree that spells out all of the terms of the divorce.
If you need help navigating the legal issues of a divorce, consider hiring a lawyer. And if you have children born or adopted to your marriage, I strongly urge you to get legal advice.
