Grounds for divorce are regulations specifying the circumstances under which a person will be granted a
divorce
Divorce (also known as dissolution of marriage) 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 ...
. Adultery is the most common grounds for divorce.
However, there are countries that view male adultery differently than female adultery as grounds for divorce.
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.
Grounds for divorce
Cruel and inhuman treatment constitute as grounds for divorce.
In a proper defense, acceptable differences enable the
defendant to have the ability to arrange grounds for divorce.
Some examples for grounds for divorce are:
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Sexual harassment
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Attendant circumstance
In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event.
In criminal law in the United States, the definition of a given offense generally includes up to three kinds of "elements": the , or guilty ...
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Adultery
Adultery (from Latin ''adulterium'') is extramarital sex 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 ...
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Alcoholism
Alcoholism is, broadly, any drinking of alcohol that results in significant mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognized diagnostic entity. Predomi ...
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Disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, ...
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Desertion
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Imprisonment
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Domestic violence (Including physical, sexual, or mental abuse of the other spouse and/or the child/children of the couple.)
The spouse that is responsible for committing these
allegations
In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions. is required to confirm the correct date and place that the allegations were committed.
The reason for the spouse to confirm the allegations is to show proof that the allegations have taken place in the same state.
The state then has to have the authority to administer justice by hearing and determining the controversies.
Different states accept different grounds for divorce.
For example, some states only accept
no-fault divorce
In a no-fault divorce the dissolution of a marriage 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 ...
where other states accept both fault and no-fault grounds for divorce.
United States grounds for divorce
In the United States, each state has distinctive reference names for grounds for
divorce
Divorce (also known as dissolution of marriage) 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 ...
.
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.
Grounds for at fault divorce include adultery, cruelty, abandonment, and criminal conviction.
Grounds for divorce worldwide
Many countries around the world including the United States have grounds for divorce.
In some countries, some men consider women as property.
Men can have several concubines and wives.
If the woman commits
adultery
Adultery (from Latin ''adulterium'') is extramarital sex 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 ...
, the woman can be executed for the act.
On the other hand, a husband can commit adultery without punishment.
Additionally, in Native American societies, adultery is grounds, but other considerations are factored into the divorce equation.
Those factors, such as laziness, being stingy or temperament are considered important for divorce decisions.
In more established countries, a frequent issue of family law relates to what situations occur to create cause for fault-based and non-fault-based grounds for divorce.
Recently, more countries and states accept no-fault grounds for divorce and consider more than just numerous of grounds beyond the typical breakdown of the marriage.
Several legal systems do not want to eliminate fault completely and reserve it in limited situations.
Western countries have adopted other types of divorce laws.
Some countries, such as Switzerland and Germany, for example, have terminated fault divorce.
In Germany a divorce is granted if the marriage has broken down. There is an irrefutable presumption 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, there is an irrefutable presumption that the marriage has broken down, without any comments being required from the parties to the proceedings.
In China, divorce does not come as easy as considerations of children such as custody and their support, as well as property are considered for divorce .
Nevertheless, it has been recognized for over 1500 years.
Chinese ancient law consisted of three types of divorce that were recognized: 1) Mutual consent; 2) repudiation "seven grounds for men and three grounds for women"; 3)"intolerable acts against principles of conjugality." In 1981, the marriage law of the Chinese considered a different basis for marriage in order to prevent a divorce.
Marriage had to be based on love, understanding, and mutual respect.
With this law, the Chinese government feels the people will be loyal to the nation.
In some religions men can, or could,
repudiate their wives without cause.
See also
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Grounds for divorce (United States law)
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 b ...
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Divorce in Belgium
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. Law
Tile VI. - About divorce (TITRE VI. - DU DIVORCE) ...
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Divorce in Norway
Divorce in Norway can be obtained on several grounds.
Divorce grounds
There are several grounds of divorce described in ''The Marriage Act''.
One year legal separation
Either spouse may demand a legal separation, and after a year has passed, a d ...
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Divorce law in Sweden
References
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Divorce