Same sex marriages have long been a hot-button issue for political types, and something debated in by pre-law students across the globe. However, something few people have discussed at length is the legal ramification of same sex divorces, when those marriages may have been done illegally. If you want to learn more about the law as it pertains to love, read the infographic below about same sex divorce.

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Same Sex Divorces in the United States

Currently 6 states allow same-sex couples to get married and divorced (Iowa, New York, Connecticut, Massachusetts, Vermont and New Hampshire). One state (Maryland) allows same-sex couples married elsewhere to divorce there. Two states (Washington and Oregon) have partial recognition for same-sex marriages and divorces*. Three states (California, Texas and Wyoming) partially recognize same-sex divorces**. The remaining states do not have any legal recognition of same-sex marriages or divorces.

*Same sex marriage is legal under the laws of the Coquille Native American tribe in Oregon, and the Squamish tribe in Washington, but not by the states themselves.

**California, Texas and Wyoming have all granted same-sex couples divorces under special circumstances since they did not have specific laws banning same-sex divorce.

Same-sex marriage was officially banned at the federal level by the Defense of Marriage Act in 1996. Consequentially, the IRS and federal courts do not recognize disputes involving the financial complications of a same-sex divorce. Parts of DOMA have been ruled unconstitutional by the Obama Administration, which also support a new law to define federal recognition to legally married same-sex couples.

Recently, the U.S. Justice Department has dropped its opposition to same-sex married couples filing joint bankruptcy petitions.

Civil Unions

In addition to the six states that allow same-sex marriage, 12 states allow for civil unions for same-sex couples: Hawaii, Washington, Oregon, California, Nevada, Colorado, Wisconsin, Illinois, Maine, Rhode Island, New Jersey and Delaware.

The Defense of Marriage Act also prohibits the federal government from recognizing same-sex civil unions.

Same Sex Divorce in Europe

The Netherlands was the first country to legalize same-sex marriage on April 1, 2001. Since then, both same-sex and opposite-sex marriages have experienced an equal divorce rate of 1%.

The Netherlands is noted for its liberal stance on many issues. It began a trend in adopting same sex marriage that many other European nations have followed, the most recent example being Portugal adopting same-sex marriage in 2010.

The majority of Western Europe either fully or partially recognize same-sex marriage. Eastern Europe and many countries of the former Soviet Union do not allow for same-sex couples to get married.

The UK has adopted civil partnerships for same-sex couples. Since its adoption in 2005, some 50,000 couples have formed a civil partnership. Civil partnerships increased 44% between 2009 and 2010 (353 to 509). 1.6% of Gay civil partnerships and 3.3% of Lesbian civil partnerships have ended in divorce.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

A new report from the American Sociological Society shows that marriage transitions seem to play a significant role in affecting weight gains among American men and women.

According to the study, men and women who marry or divorce are more likely to experience a weight gain in the two years following the event, than individuals who never marry.

The report, authored by Ohio State University doctoral student Dmitry Tumin, examined data on more than 10,000 men and women who were surveyed annually from 1986 to 2008. By dividing the data into subsets, Tumin indentified the trend in weight gains and found that it differed among men and women.

“Divorces for men and, to some extent, marriages for women promote weight gains that may be large enough to pose a health risk,” Tumin said in a university news release.

Specifically, the study showed that marriage increases women’s risk of a small weight increase (up to a three-point BMI increase) by 33% and their risk of a large weight increase (BMI increase above three points) by 48%.

Men, on the other hand, are at greatest risk of a weight increase during the years following a divorce. After divorce, men are 21% more likely to experience small weight gains.

The trend in weight gains following marital transitions is more pronounced among individuals who marry or divorce after the age of 30. The study shows that the likelihood of weight gain increases with age from that point forward.

Zhenchao Qian, a professor of sociology at Ohio State University who helped conduct the study, said in a university news release that the effect of marital transitions on weight in individuals aged 22 to 30 is somewhat unclear.

Those involved with the study explained that their research only examined the two year period following a marital transition and that results may vary for the subsequent years.

The research was presented last week during the annual meeting of the American Sociological Association in Las Vegas.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

In addition to giving us the immortalized image of a surprised Marilyn Monroe in that billowing white dress, new marriage reports suggest that Billy Wilder’s “The Seven Year Itch” also gave us a term that accurately identifies a real-life marriage statistic.

Recent census data released this year shows that first marriages ending in divorce lasted a median of eight years. The median time between marriage and separation was – you guessed it – seven years.

The “itch,” according to marriage experts, comes from factors such as the stress of caring for children or the accumulation of work and family pressures. All of these pressures, experts say, tend to come to a head around the seven year mark.

In an interview with the Press Democrat, Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University, expanded on the matter.

“Typically, people who are unhappy with their marriages figure that out within the first few years and then take a few more years to get to the state of divorcing,” said Cherlin.

“Over time,” he said, “people’s flaws reveal themselves. The positives remain, but the negatives build up. It may be that after a while you realize your spouse won’t be providing for you economically as well as you want.”

Director of the National Marriage Project W. Bradford Wilcox explained to the newspaper that most people today marry in their late 20’s. According to the Census Bureau, the median age is 26.1 for women and 28.2 for men.

“At some level, if you are dissatisfied, particularly if you are a woman, you may think, “I need to get out before I’m too old. I’ll have more options if I’m 35 versus 45,” Wilcox said.

The seven-year itch is so recognizable that it once garnered recognition from the satirical newspaper The Onion in a story titled “Darling, Will You Spend the Next Six to Ten Years with Me?”

When “I look into your eyes,” the story read, “I see all the things I never used to want. A big wedding. Kids. A house with a white picket fence that I’ll have to move out of in about seven years when you discover I’m sleeping with my secretary.”

With all jokes aside, some marriage counselors find seven years to be a rather generous figure.

When speaking with the Press Democrat, Anthony Centore, director of Thrive Boston Counseling and Psychotherapy, said many couples come into his practice overwhelmed by factors such as the mortgage, aging parents, or childcare – things unrelated to their spousal relationships.

For these couples, not enough time is spent caring for the marriage or investing in their spouse.

“Things happen like affairs and hurt feelings, and people feel betrayed and abandoned,” Centore said.

“Sometimes, it’s a miracle they last seven years.”

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

As part of the divorce process, couples must state the ground for a divorce. Most couples file divorce over predictable reasons: Someone has been unfaithful; the couple has grown apart; fights over money.

Sometimes, though, divorce lawyers and judges hear the weird and wild when it comes to the grounds for divorce.

As this graphic shows, couples across the globe have filed for divorce for some bizarre reasons. To add insult to injury, the desire for divorce was sometimes revealed in awkward and insensitive ways.

Strangest Divorce Contentions

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Strangest Divorce Contentions

In 2001, a woman in China filed for divorce after her pet bird tattled of her husband’s infidelities.

A man in India wanted a divorce because his wife didn’t wear modern-enough clothes.

A Romanian woman divorced her husband of 50 years for feeding stray dogs with their limited pension.

In 2008, a Saudi woman wanted a divorce after her husband of 30 years tried to take a peek of her face under her veil while she slept.

In England, a woman divorced her husband because she caught him cheating on her in an online video game.

In 2009, a German woman divorced her husband because she said he cleaned too much.

A man in India accidentally divorced his wife in his sleep. He was sleep-talking and said ‘talaq’ three times which can be an official divorce in Muslim law.

A man divorced his wife after 10 years when he discovered that she had been lying about her age.

A woman in the UK found out her husband was divorcing her from his Facebook post.

A Delhi man filed for divorce after his wife refused to serve tea to his friend.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

Iran is a country known for commitment to strict religious laws has imposed a national day to reinforce marriage values. The country had previously had a national day called “Marriage Day.” But due to the growing concerns of Westernization the country has changed the name of the day to “No Divorce Day.”

According to an article in the New York Times the justice minister has decreed that there will be no divorce permits issued on this day.

The reason a No Divorce Day may seem necessary to officials in Iran is pretty clear though. In 2000, the number of divorces was around 50,000. Only 10 years later, in 2010, divorces have tripled to 150,000. In Tehran, the divorce rate is now up to 1 divorce for every 3.76 marriages.

Most surveys put these figures lower than those in America, but the rate of increase would be alarming to anyone. The rate of divorce will undoubtedly seem even more inflated because the rate of marriage has decreased.

An anonymous attorney from Iran interviewed for the article said that, “In May, a registry office I work with recorded 70 divorces and only three marriages… The next month, a friends at another office said he recorded 60 divorces and only one marriage.”

Many of the government officials in Iran have blamed the young generation and its lack of devotion to marriage for the gloomy marital figures.

Gholamreza Asdollahi, a member of the Iranian Parliament was quoted saying that, “High dowries, high living costs, lack of jobs and financial support make young people fear marriage” and that the young people who have lost their belief, “in the unseen power of God to solve life’s problems.”

Experts in the Iranian culture seem to disagree and instead point to the increasing power women have.

Azardokht Mofidi, a psychiatrist and author believes that, “women have found the courage to break with tradition and say no to the past… [T]hey are no longer prepared to put up with the hardships in marriage, and their expectations have risen to include equality in relationships.”

This all seems to make sense. If women in Iran now feel empowered enough to demand that they are treated fairly, they will also be able to refuse the social pressure to marry until they find what they want.

When viewed in this light, we can see that these negative statistics may not be as gloomy as they appear. Yes, it does appear that marriage are failing at a greater number and occurring less frequently, but if the result of this is a growth of power to the traditionally oppressed women of Iran, it seems much better.

Time will show us whether or not this is the start of major power movement for women in Iran, but at least on the outset, the prospects are looking positive.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

There is a perception among many in China that their increasing wealth is allowing husbands to have multiple mistresses and secret wives. In response, the Chinese government is creating  database of marriage records to give spouses and girlfriends the opportunity to check the marital status of their lover.

The Chicago Tribune is reporting that the state media of China says that Beijing and Shanghai will be the first places to have this online database, and that the entire country’s marital records should be available by 2015.

Apparently the program is already running somewhat behind the initial timeframe because, according to a statement by the Ministry of Civil Affairs a few years ago, this project should be operational by last year. Chinese officials have not explained the delay in the program.

This is an interesting way for the Chinese government to combat bigamy.

Although bigamy is illegal in China, several prominent members of the Chinese Communist Party have been found guilty of bigamy, including former head of the National Bureau of Statistics, Qiu Xiaohua.

When Qiu was found to be in violation of the anti-bigamy laws, he was expelled from the party in 2007 and described as a, “vile social and political influence.”

China’s concern for extramarital affairs may be well founded. According to a study done in 2005, nearly 20 percent of married men in urban areas in China admitted to having an affair within the past twelve months. Interestingly, only around 4 percent of married women surveyed admitted to engaging in an affair in the past twelve months.

Furthermore, according to the civil affairs ministry, in 2009 nearly 2.5 million couples divorced in 2009, almost a 9 percent increase from the year before. It is very likely that the Chinese people are aware of these increases, which has prompted the government to act.

Some of these affairs have made their way into the mainstream news in China. A recent case involved a county official from Hubei after he was detained on suspicion of murder. The investigators believe that he killed his mistress, who was pregnant with twins, after she asked him to either marry her or fork over 2 million yuan, or approximately $302,000.

The marriage database does, however, assume that those who get involved with a married man or woman is concerned that he or she is married. If the men and women who engage in these affairs are genuinely concerned that about the relationship status of their lover, then the database has potential to help.

But if these affairs aren’t build on deceiving the mistress, then the database may fail to implement change. If people don’t care that their lover is married, then making it available online may not matter to them.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

People are living longer and, if you believe the rumors, divorcing more. This leaves a new group on the prowl for a partner, the retired and single group.

According the a recent article in the Chicago Tribune there are more than 30 million Americans 55 or older and single. The article explains how Census Bureau data was crunched to find the top ten metro areas with the most single seniors.

Many people buy into the cliché and assume that all the seniors retire to Florida, but they would probably be shocked to learn of all the other hotspots for single and retired people. The list is of the top ten and is ranked on the percentage of those over 55 years old who are single.

1. Pittsfield, Massachusetts: A town where more than 52 percent of the over 55 crowd is single. This works out to over 14,000 single women and nearly 8,000 single men. The overwhelming ratio of women to men is a reoccurring theme throughout the top ten areas for single seniors.

2.Florence, South Carolina: 49 percent of those over 55 are single and over 18,000 single women with around 7,500 single men.

3.Vineland-Millville-Bridgeton, New Jersey: In this area, a combined 47 percent of the over 55 are single, with around 11,000 single women and 6,000 single men.

4.Jackson, Mississippi: Jackson has 47 percent of those over 55 as single with around 39,000 single women and 16,000 single men.

5. Springfield, Massachusetts: Massachusetts makes a second appearance on the list with Springfield having 47 percent of seniors single and nearly 58,000 single women and just over 16,000 single men.

6. Miami-Fort Lauderdale-Pompano Beach, Florida: This is the largest geographic area and most densely populated area. This area of Florida has nearly 47 percent of those over 55 years old as single which works out to a whopping 474,000 single women and 224,000 single men.

7.Eureka-Arcata-Fortuna, California: From the region with the largest population of retirees on the list to the region with the smallest. This area has about 46 percent of those over 55 single and nearly 10,000 single women and around 6,000 single men.

8. Memphis, Tennessee: This area also has about 46 percent of people over 55 classified as single with more than 87,000 single women and nearly 41,000 single men.

9. New Orleans-Metairie-Kenner, Louisiana: The area encompassing the Big Easy has 46 percent of its over 55 population single and nearly 89,000 single women and more than 45,000 single men.

10. Columbus, Georgia: Rounding off the top ten areas for single retirees has right around 46 percent of the over-55-year-olds single and around 21,000 single women and nearly 9,000 single men.

If you find yourself in retired and single and interested in taking a vacation somewhere, then a destination on this list might increase your chances at finding love later in life.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

One of the more commonly known marital statistics is that people without college degrees were more likely to be, or have been, married by their 30s than those with college degrees. This was true in the 1990s, but apparently is no longer the case.

A recent article in the Chicago Tribune outlines a recent study done by the Pew Research Center analysis of census which showed that, among 30-year-olds, 75 percent with a bachelor’s degree were or had been married, and 69 percent of people without a bachelor’s degree either were or had been married.

Part of the increase is attributed to unmarried couples living together. This trend seems to be more focused in the couples that are not college educated, but is rising across the board.

Richard Fry, a senior researcher at Pew, was responsible for writing the report and explains that, “the labor market has not been kind to young, less educated workers… College used to delay marriage. Now, not completing college delays marriage.”

The implications from the article are unclear, but it is an interesting trend to watch. What is also unclear is how this is exactly related to the increase in individuals gaining a college education.

There were several other finds from the study:

• Over 90 percent of U.S. adults marry sometime in their life. This means Americans marry at higher levels than most other Western countries.
• Adults with less education are more likely to divorce. Around 2.9 percent of adults between the ages of 35 and 39 without college degrees, as compared to 1.6 percent with college degrees, saw their first marriage end in divorce last year.
• Married adults seem to make more money. In one earner households, the median income of a married adult was $63,000, while unmarried adults in one earner households were significantly less, earning a median salary of $53,000.

These types of census studies can give valuable insight into what is happening in our country. What these studies cannot do is fully explain why things are happening. This study shows several general trends, but we cannot make the cognitive leap and claim to know exactly why it is that statistically, a higher percentage of people with bachelor’s degrees will be married than people without bachelor’s degrees.

This study seems to set up an interesting follow up study. We know that the percentage of people without college educations who are married is less than those that are married, it would be interesting to see how those numbers match up to the increase in overall education. It seems that there are two trends working here, and the interplay between them hasn’t yet been worked out, but could lead to interesting results.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

The economic downturn seems to have an unexpected correlation on divorce; as the economy dips, divorces and infidelity decrease.

According to the Wall Street Journal, a recent study from the Center for Disease Control and Prevention show divorce at its lowest point since the early 1970s. In 1980, the divorce rate per 1,000 married women was 22.6, which dropped to 16.9 in 2008, and in 2009 fell even further to 16.4.

Director of the National Marriage Project, Professor Bradford Wilcox, says that this trend “runs counter to the image people [get]… from the media that divorce is prevalent but the reality is we’re not experiencing divorce that way.”

Divorce statistics have been a highly contention area of statistical research. Some researchers use projections, trying to draw conclusions about people marrying in the present. Others use statistics from marriages which began years prior.

However, most statisticians are now in agreement that the overall rate of divorce has been declining since the “divorce revolution” of the 1970s.

There is some speculation that the financial expense of divorce are a factor in determining both the success and fidelity of a marriage.

Professor Wilcox speculates that, “if your husband has a secure job, or your wife has a great health care plan, or your in-laws are helping out with the kid’s tuition… you are probably a lot more willing to put up with your spouse’s faults and failings now than you might have been five years ago.”

The article cites interesting correlation between people’s views of cheating while in a marriage. For example, the number of women who believe that infidelity was “always wrong” went up 11% (to 84% total) in the 2000s, up from 73% in the 1970s.

However, when encountering studies like this, it is important to keep in mind the difference in correlation and causation. There is merely a correlation in the increase in fidelity and the poor economic performance.

There are many factors that would also correlate to the decrease in divorces over the past several decades. One could just as easily say that as our use of computers has increased, so has the stability of marriages.

Just because we use computers much more now than in the 1970s, or that the economy is worse now, doesn’t necessarily mean that the two are related.

It doesn’t preclude the economy being a cause for relationship stability either. What the study does show is that marriages are lasting longer, and it does match up with the performance in the economy.

The theory that the economic conditions will have a significant impact on the stability of marriages is an interesting one.

he likelihood of it being accurate is difficult to gauge, but it’s something to keep in the back of your mind when the economy does turn around.

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

It has already been established that a married couple with children are most likely to divorce when the children are young. The amount of time and stress involved in raising young children is believed to drain the spouses of both their time and emotion.

Once the children become older and more self-sufficient, the parents are less likely to divorce.

A recent article in the Chicago Tribune discusses the fact that parents of autistic children are frequently told that their risk for divorce is as high as 80 percent.

The disorder is officially known as autism spectrum disorder, and leaves the children needing a lot of attention, even as they become teenagers and young adults. Compounding this is the communication problems and the repetitive behaviors often displayed by these children and young adults. The combination can create an incredible amount of stress, even on a normally low-stress couple.

To determine the frequency of divorce among parents of children with autism, the Adolescents and Adults With Autism study examined 391 families of children with autism and compared the divorce data to other families with children developing normally.

The results were shocking. The overall divorce rate for families with autistic children was 23.5 percent, which was nearly double the 14 percent of the control families. The divorce rate among the families with an autistic children was even higher when there were other children in the family.

Another factor was the age of the mother of an autistic child. The younger the mother, the more likely the relationship would end in divorce.

Another interesting statistic that came out of the study was the point at which the rate of divorce let up. For the control families, the divorce risk began to decline when the child turned 8, and when the kids became 26 the odds of divorce dropped to “virtually nonexistent” numbers.

For families with an autistic child, the rate of divorce didn’t begin to even out until the age of 30.

If you have an autistic child, you shouldn’t take this study as a death spell for your marriage. The vast majority of marriages with autistic children, over three-fourths, remained married.

What is important to take away is the ability to appreciate the difficulties that you might be going through.

If you are married and raising an autistic child, you should understand that the stress of your situation can cause problems for your marriage. The key is to understand the warning signs, and to remember to make time for your relationship.

It’s easy to forget that your relationship needs work. Researches from the study noted that this study should be used to help in “identifying strategies to enhance their marital relationship in an ongoing way, such as learning how to best communicate with and support their spouse and carving out ‘couple time.’”

Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.