Grounds for divorce

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Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. [1] However, there are countries that view male adultery differently than female adultery as grounds for divorce. [1]

Contents

Before decisions on divorce are considered, one might check into state laws and country laws for legal divorce or separation as each culture has stipulations for divorce. [1]

Cruel and inhuman treatment constitute as grounds for divorce. [2] In a proper defense, acceptable differences enable the defendant to have the ability to arrange grounds for divorce. [3]

Some examples for grounds for divorce are:

The spouse that is responsible for committing these allegations is required to confirm the correct date and place that the allegations were committed. [3] The reason for the spouse to confirm the allegations is to show proof that the allegations have taken place in the same state. [3] The state then has to have the authority to administer justice by hearing and determining the controversies. [3] Different states accept different grounds for divorce. [3] For example, some states only accept no-fault divorce where other states accept both fault and no-fault grounds for divorce. [3]

United States

In the United States, each state has distinctive reference names for grounds for divorce. [4]

All states recognize some form of no fault divorce. A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state. Neither party is held responsible for the failure of the marriage. On the other hand, in at fault divorces, one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage. [5] Grounds for at fault divorce include adultery, cruelty, abandonment, and criminal conviction. [5]

Worldwide view

Many countries around the world, including the United States, require grounds for divorce. [6]

In some Native American societies,[ where? ] adultery is grounds, but other considerations are factored into the divorce equation. [6] [ clarification needed ] Those factors, such as laziness, being stingy or temperamental, are considered important for divorce decisions. [6]

A frequent issue in family law relates to what situations create grounds for divorce. [7] Recently, more and more countries and states have come to not require fault from either party for a marriage to be dissolved. [7] Several legal systems do not want to eliminate fault completely and reserve it in limited situations. [7] [ clarification needed ]

Western countries have adopted various types of divorce laws. [8] Some countries, such as Switzerland and Germany, no longer require fault to dissolve marriages. [8] In Germany, a divorce is granted if the marriage has broken down. It is assumed that the marriage has broken down if the parties have been living apart for one year and both apply for divorce or if the respondent consents to the divorce. After a separation period of three years, it is assumed that the marriage has broken down, regardless of the positions taken by either party in the proceedings. [9]

In China, divorce considerations for children, such as custody and their support, as well as property, are considered for divorce. [10] Nevertheless, it has been recognized for over 1500 years. [10] Chinese ancient law consisted of three types of divorce that were recognized: 1) Mutual consent; 2) repudiation of "seven grounds for men and three grounds for women"; 3) "intolerable acts against principles of conjugality." In 1981, the Chinese marriage law considered a different basis for marriage in order to prevent a divorce. [10] Marriage had to be based on love, understanding, and mutual respect. [10] With this law, the Chinese government feels the people will be loyal to the nation. [10]

In some religions, men can, or could, repudiate their wives without cause.

See also

Related Research Articles

<span class="mw-page-title-main">Marriage</span> Culturally recognised union between people

Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding.

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.

New York divorce law changed on August 15, 2010, when Governor David Paterson signed no-fault divorce into law in New York state. Until 2010, New York recognized divorces only upon fault-based criteria or upon separation. The State Senate approved the No-Fault Divorce bill on June 30, and the State Assembly passed the bill on July 1.

Adultery is extramarital sex partaken by a spouse, or premarital sex partaken by a betrothed person, that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship.

Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.

<span class="mw-page-title-main">Consummation</span> First sex act as part of a marriage or relationship

In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first act of sexual intercourse between two people, following their marriage to each other. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that no contraception must be used.

No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.

<i>Divorce Act</i> (Canada) Canadian federal law governing divorce

The Divorce Act is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce.

In law, recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. To put it simply, it is the defense of "you, too."

Australian family law is principally found in the federal Family Law Act 1975 and the Federal Circuit and Family Court of Australia Rules 2021 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978).

<span class="mw-page-title-main">Grounds for divorce (United States)</span>

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.

The relationship between religion and divorce is complicated and varied. Different religions have different perceptions of divorce. Some religions accept divorce as a fact of life, while others only believe it is right under certain circumstances like adultery. Also, some religions allow remarriage after divorce, and others believe it is inherently wrong. This article attempts to summarize these viewpoints of major world religions and some important traditions regarding divorce in each faith.

<span class="mw-page-title-main">Divorce law by country</span> Overview of divorce laws around the world

This article is a general overview of divorce laws around the world. Every nation in the world allows its residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.

Divorce in the United States is a legal process in which a judge or other authority dissolves the marriage existing between two persons. Divorce restores the persons to the status of being single and permits them to marry other individuals. In the United States, marriage and divorce fall under the jurisdiction of state governments, not the federal government.

Christian views on divorce find their basis both in biblical sources and in texts authored by the Church Fathers of the early Christian Church, who were unanimous in the teaching regarding the issue.

<span class="mw-page-title-main">Divorce law in Sweden</span>

Divorce law in Sweden concerns the dissolution of marriage, child support, alimony, custody and the division of property. Divorce restores the status of married people to individuals, leaving them free to remarry. The divorce laws in Sweden are known to be considerably liberal compared to other jurisdictions.

Divorce in the Philippines is a process to dissolve a marriage that is not typically legally available to Filipino citizens. The Muslim Personal Code, however, allows for divorce for couples who got married through the Islamic rite under specific circumstances.

<span class="mw-page-title-main">Divorce in England and Wales</span>

In England and Wales, divorce is allowed under the Divorce, Dissolution and Separation Act 2020 on the ground that the marriage has irretrievably broken down without having to prove fault or separation.

Divorce in Belgium occurs at a higher rate than in most other European countries. The divorce law in Belgium underwent major modifications in 2007. The new law came into force in September 2007.

The Family Proceedings Act 1980 is the Act that governs divorce in New Zealand. The New Zealand Parliament has exclusive jurisdiction to regulate the law of marriage and divorce.

References

  1. 1 2 3 United States. Bureau of the Census (1909). Marriage and divorce, 1867-1906. G.P.O. pp. 332–. Retrieved 13 November 2011.
  2. ↑ Powell, William Byrd; Newton, Robert Safford (1911). The yale law journal. p. 581. Retrieved 8 November 2011.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 James Schouler (1921). A Treatise on the Law of Marriage, Divorce, Separation, and Domestic Relations: The law of marriage and divorce. M. Bender. pp.  1767–1768. Retrieved 8 November 2011.
  4. ↑ Russell Wild; Susan Ellis Wild (13 May 2005). The Unofficial Guide to Getting a Divorce. John Wiley and Sons. pp. 117–. ISBN   978-0-7645-7909-7 . Retrieved 8 November 2011.
  5. 1 2 Choudhri, Nikara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 7. ISBN   0-8065-2528-2.
  6. 1 2 3 Peter De Cruz (2010). Family law, sex and society: a comparative study of family law. Taylor & Francis. pp. 22–. ISBN   978-1-85941-638-9 . Retrieved 11 October 2011.
  7. 1 2 3 Peter De Cruz (2010). Family law, sex and society: a comparative study of family law. Taylor & Francis. p. 23. ISBN   978-1-85941-638-9 . Retrieved 8 November 2011.
  8. 1 2 Peter De Cruz (2010). Family law, sex and society: a comparative study of family law. Taylor & Francis. p. 24. ISBN   978-1-85941-638-9 . Retrieved 8 November 2011.
  9. ↑ "European e-Justice Portal - Family matters".
  10. 1 2 3 4 5 Bron B. Ingoldsby; Suzanna D. Smith (2006). Families in global and multicultural perspective. SAGE. pp. 180–. ISBN   978-0-7619-2819-5 . Retrieved 8 November 2011.
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