Grounds For Divorce
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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 In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
to have the ability to arrange grounds for divorce. Some examples for grounds for divorce are: *
Sexual harassment Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
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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 (drug), alcohol that results in significant Mental health, mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognize ...
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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 disability, cognitive, Developmental disability, dev ...
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Desertion Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ar ...
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Imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
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Domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
(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 w ...
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 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 ...
. 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 Divorce law in Sweden concerns the dissolution of marriage, child support, alimony, Legal custody, custody and the division of property. Divorce restores the status of married people to individuals, leaving them free to remarry. The divorce l ...


References

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