Jezhotwells (talk | contribs) m Disambiguated: union → Personal union, compatibility → Interpersonal compatibility, Reconciliation → Conciliation, Provocation → Provocation (legal) using Dab solver |
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'''Grounds for divorce''' are regulations specifying the circumstances under which a person will be granted a divorce.<ref>{{cite web|title=Grounds for Divorce Law &Legal Definition|url=http://definitions.uslegal.com/g/grounds-for-divorce/|publisher=USLegal|accessdate=12 November 2011}}</ref> |
'''Grounds for divorce''' are regulations specifying the circumstances under which a person will be granted a divorce.<ref>{{cite web|title=Grounds for Divorce Law &Legal Definition|url=http://definitions.uslegal.com/g/grounds-for-divorce/|publisher=USLegal|accessdate=12 November 2011}}</ref> |
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Each state in the United States has its own set of grounds.<ref>{{cite book|title=The World Book Encyclopedia.|year=1988|publisher=World Book|location=Chicago|isbn=0716601028| |
Each state in the United States has its own set of grounds.<ref>{{cite book|title=The World Book Encyclopedia.|year=1988|publisher=World Book|location=Chicago|isbn=0716601028|page=253|edition=2002 ed.}}</ref> |
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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.<ref>{{cite book|last=Gross|first=James J.|title=File for divorce in Maryland, Virginia or the District of Columbia|year=2006|publisher=Sphinx Pub.|location=Naperville, Ill.|isbn=1572485361| |
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.<ref>{{cite book|last=Gross|first=James J.|title=File for divorce in Maryland, Virginia or the District of Columbia|year=2006|publisher=Sphinx Pub.|location=Naperville, Ill.|isbn=1572485361|page=51|edition=2nd ed.|coauthors=Callahan, Michael F.}}</ref> |
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Several states require that the couple must live apart for several months before being granted a divorce.<ref name="Family law : the essentials">{{cite book|last=Statsky|first=William P.|title=Family law : the essentials|year=2004|publisher=Thomas/Delmar Learning|location=Clifton Park, NY|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA89|isbn=1401848273| |
Several states require that the couple must live apart for several months before being granted a divorce.<ref name="Family law : the essentials">{{cite book|last=Statsky|first=William P.|title=Family law : the essentials|year=2004|publisher=Thomas/Delmar Learning|location=Clifton Park, NY|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA89|isbn=1401848273|page=89|edition=2nd}}</ref> However, living apart is not accepted as grounds for a divorce in many states.<ref name="Family law : the essentials">{{cite book|last=Statsky|first=William P.|title=Family law : the essentials|year=2004|publisher=Thomas/Delmar Learning|location=Clifton Park, NY|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA89|isbn=1401848273|page=89|edition=2nd}}</ref> |
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With the world’s highest divorce rate the United States allows a person to end a marriage by filing for a divorce on the grounds of either fault or no fault.<ref>{{cite book|last=Loveless|first=Scott|title=The family in the new millennium|year=2007|publisher=Praeger|location=Westport, Conn. [u.a.]|isbn=0275992403| |
With the world’s highest divorce rate the United States allows a person to end a marriage by filing for a divorce on the grounds of either fault or no fault.<ref>{{cite book|last=Loveless|first=Scott|title=The family in the new millennium|year=2007|publisher=Praeger|location=Westport, Conn. [u.a.]|isbn=0275992403|page=187|edition=1. publ.}}</ref> |
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In the past most states only granted divorces on fault grounds but no-fault divorces have become increasingly more accepted.<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282| |
In the past most states only granted divorces on fault grounds but no-fault divorces have become increasingly more accepted.<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282|page=7}}</ref> |
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Fault and no-fault divorces each require that specific grounds be meant. <ref name="Divorce for dummies">{{cite book|last=Ventura|first=John|title=Divorce for dummies|year=2009|publisher=Wiley Pub.|location=Hoboken, NJ|isbn=978-0-470-41151-3|url=http://books.google.com/books?id=xjtVywvaAtkC&pg=PA16| |
Fault and no-fault divorces each require that specific grounds be meant. <ref name="Divorce for dummies">{{cite book|last=Ventura|first=John|title=Divorce for dummies|year=2009|publisher=Wiley Pub.|location=Hoboken, NJ|isbn=978-0-470-41151-3|url=http://books.google.com/books?id=xjtVywvaAtkC&pg=PA16|page=16|edition=3rd|coauthors=Reed, Mary}}</ref> |
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In No-fault divorces a mutual agreement that both parties no longer feel the marriage is worth continuing exists; separation and irreconcilable differences are the most common grounds used.<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282| |
In No-fault divorces a mutual agreement that both parties no longer feel the marriage is worth continuing exists; separation and irreconcilable differences are the most common grounds used.<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282|page=7}}</ref> |
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On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage; several grounds are used including adultery, cruelty, abandonment, mental illness; and even criminal conviction.<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282| |
On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage; several grounds are used including adultery, cruelty, abandonment, mental illness; and even criminal conviction.<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282|page=7}}</ref> |
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There are however additional grounds which are acceptable in some states; such as drug abuse, impotency, and religious reasons.<ref name="The Complete Guide to Divorce Law">{{cite book|last=Choudrhi|first=Nihara K.|title=The Complete Guide to Divorce Law|year=2004|publisher=Kensington Publishing Corp.|location=New York, NY|isbn=0806525282|page=10|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA10|edition=1st}}</ref> |
There are however additional grounds which are acceptable in some states; such as drug abuse, impotency, and religious reasons.<ref name="The Complete Guide to Divorce Law">{{cite book|last=Choudrhi|first=Nihara K.|title=The Complete Guide to Divorce Law|year=2004|publisher=Kensington Publishing Corp.|location=New York, NY|isbn=0806525282|page=10|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA10|edition=1st}}</ref> |
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The [[legal system]] in California chose to terminate all fault grounds for divorce and utilized single no-fault standards making divorce easier and less costly.<ref name="Family law for paralegals"/> Upon California's lead, some states prefer to have both options of fault and no-fault grounds. However, the states that do not carry both options of a fault and no-fault ground just prefer to have the one option of a no-fault ground. <ref name="Family law for paralegals"/> |
The [[legal system]] in California chose to terminate all fault grounds for divorce and utilized single no-fault standards making divorce easier and less costly.<ref name="Family law for paralegals"/> Upon California's lead, some states prefer to have both options of fault and no-fault grounds. However, the states that do not carry both options of a fault and no-fault ground just prefer to have the one option of a no-fault ground. <ref name="Family law for paralegals"/> |
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Some marriages do not last for a very long time and early on, spouses begin to evaluate their marital situation.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> During the early part of a marriage, one spouse may begin to evaluate the marriage and decide if it would be reasonable to continue with a long term commitment to the other party.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> During this evaluation period, one should consider no-fault divorce as a possible grounds. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> As time passes, one spouse in a marriage makes more long-term sacrifices in order to be committed. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> These sacrifices could include career choices, children, and social life. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> As one makes more commitment, it becomes more difficult to divorce. <ref name="Good intentions gone awry : no-fault divorce and the American family"/>Earlier in the marriage, the sacrifices are smaller and a decision for divorce is easier based on mutual consent.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> Sacrifice can be the cost of change and provides the parties grounds for divorce.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> |
Some marriages do not last for a very long time and early on, spouses begin to evaluate their marital situation.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> During the early part of a marriage, one spouse may begin to evaluate the marriage and decide if it would be reasonable to continue with a long term commitment to the other party.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> During this evaluation period, one should consider no-fault divorce as a possible grounds. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> As time passes, one spouse in a marriage makes more long-term sacrifices in order to be committed. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> These sacrifices could include career choices, children, and social life. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> As one makes more commitment, it becomes more difficult to divorce. <ref name="Good intentions gone awry : no-fault divorce and the American family"/> Earlier in the marriage, the sacrifices are smaller and a decision for divorce is easier based on mutual consent.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> Sacrifice can be the cost of change and provides the parties grounds for divorce.<ref name="Good intentions gone awry : no-fault divorce and the American family"/> |
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=== Pros and cons === |
=== Pros and cons === |
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Multiple surveys have been given to the American people to collect their thoughts on no-fault divorce.<ref name="Family law, sex and society : a comparative study of family law" /> Through the surveys it was revealed that 50% of Americans are disappointed with the no-fault divorce and would like to have alterations made to the system making no-fault divorce more difficult for couples who want to attain. <ref name="Family law, sex and society : a comparative study of family law" />According to economist [[Robert Rowthorn]], no-fault divorce can enable couples the ability to lack the commitment toward marriage.<ref name="Family law, sex and society : a comparative study of family law" /> The basis of this argument is that marriage can be compared to a business partnership. <ref name="Family law, sex and society : a comparative study of family law" /> In a business partnership, the foundation is a long term commitment to success as well as trust. <ref name="Family law, sex and society : a comparative study of family law" />A marriage should be considered in a similar manner with trust and committment at the foundation of the relationship empowering the couple to have the confidence to sustain a long lasting relationship. <ref name="Family law, sex and society : a comparative study of family law" /> The commitment should be not only to one another, it should be a long term commitment to the marriage. <ref name="Family law, sex and society : a comparative study of family law" /> Wardle argues after multiple surveys that the overall American opinion is that couples who have families can divorce easily by no-fault.<ref name="Family law, sex and society : a comparative study of family law" /> At the turn of the millennium, Wardle states that some type of [[reform]] will be accepted in many states which should occur within the next decade.<ref name="Family law, sex and society : a comparative study of family law" /> |
Multiple surveys have been given to the American people to collect their thoughts on no-fault divorce.<ref name="Family law, sex and society : a comparative study of family law" /> Through the surveys it was revealed that 50% of Americans are disappointed with the no-fault divorce and would like to have alterations made to the system making no-fault divorce more difficult for couples who want to attain. <ref name="Family law, sex and society : a comparative study of family law" /> According to economist [[Robert Rowthorn]], no-fault divorce can enable couples the ability to lack the commitment toward marriage.<ref name="Family law, sex and society : a comparative study of family law" /> The basis of this argument is that marriage can be compared to a business partnership. <ref name="Family law, sex and society : a comparative study of family law" /> In a business partnership, the foundation is a long term commitment to success as well as trust. <ref name="Family law, sex and society : a comparative study of family law" /> A marriage should be considered in a similar manner with trust and committment at the foundation of the relationship empowering the couple to have the confidence to sustain a long lasting relationship. <ref name="Family law, sex and society : a comparative study of family law" /> The commitment should be not only to one another, it should be a long term commitment to the marriage. <ref name="Family law, sex and society : a comparative study of family law" /> Wardle argues after multiple surveys that the overall American opinion is that couples who have families can divorce easily by no-fault.<ref name="Family law, sex and society : a comparative study of family law" /> At the turn of the millennium, Wardle states that some type of [[reform]] will be accepted in many states which should occur within the next decade.<ref name="Family law, sex and society : a comparative study of family law" /> |
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There are 4 main arguments that Ira Ellman has critiqued on no-fault vs fault-based divorce.<ref name="Family law, sex and society : a comparative study of family law" /> |
There are 4 main arguments that Ira Ellman has critiqued on no-fault vs fault-based divorce.<ref name="Family law, sex and society : a comparative study of family law" /> |
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The arguments consist of: |
The arguments consist of: |
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1) No-fault divorce increases the amount of divorces. Currently, there are no statistics that support this information.<ref name="Family law, sex and society : a comparative study of family law" /> |
1) No-fault divorce increases the amount of divorces. Currently, there are no statistics that support this information.<ref name="Family law, sex and society : a comparative study of family law" /> |
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2) Marital [[misconduct]] is affected negatively when one spouse files against the other because of wrong doing in the marriage.<ref name="Family law, sex and society : a comparative study of family law" />Fault based divorce which can be defined where considerations are based on issues such as adultry, mental or physical abuse, drug or alcohol abuse, as well as desertion.<ref name="Family law, sex and society : a comparative study of family law" /> |
2) Marital [[misconduct]] is affected negatively when one spouse files against the other because of wrong doing in the marriage.<ref name="Family law, sex and society : a comparative study of family law" /> Fault based divorce which can be defined where considerations are based on issues such as adultry, mental or physical abuse, drug or alcohol abuse, as well as desertion.<ref name="Family law, sex and society : a comparative study of family law" /> |
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3) Dividing up the couples property such as the house, pertinent valuables, debts, and [[alimony]] have become unfair through a no-fault divorce.<ref name="Family law, sex and society : a comparative study of family law" /> |
3) Dividing up the couples property such as the house, pertinent valuables, debts, and [[alimony]] have become unfair through a no-fault divorce.<ref name="Family law, sex and society : a comparative study of family law" /> |
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4) A no-fault divorce has made a negative impact towards one's society leaving a negative impact on one's thinking about marriage and families.<ref name="Family law, sex and society : a comparative study of family law" /> |
4) A no-fault divorce has made a negative impact towards one's society leaving a negative impact on one's thinking about marriage and families.<ref name="Family law, sex and society : a comparative study of family law" /> |
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=== Financial Backing === |
=== Financial Backing === |
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A common reason cited as grounds for divorce is one spouse’s unwillingness to support the other financially even though he or she has the economic means to do so.<ref name="The Complete Guide to Divorce Law"/> Part of the concept of marriage is its role of joining people; there is a [[union]], two “become one,” and the sharing of resources is one of many expected outcomes.<ref>{{cite book|last=Graff|first=E.J.|title=Melting the earth : the evolution of ideas about volcanic eruptions.|publisher=OUP USA.|location=Boston, Mass.|isbn=0807041149| |
A common reason cited as grounds for divorce is one spouse’s unwillingness to support the other financially even though he or she has the economic means to do so.<ref name="The Complete Guide to Divorce Law"/> Part of the concept of marriage is its role of joining people; there is a [[Personal union|union]], two “become one,” and the sharing of resources is one of many expected outcomes.<ref>{{cite book|last=Graff|first=E.J.|title=Melting the earth : the evolution of ideas about volcanic eruptions.|publisher=OUP USA.|location=Boston, Mass.|isbn=0807041149|page=2}}</ref> When someone in the marriage intentionally and maliciously refuses to uphold this communal monetary expectation, the other person can file for divorce in response. <ref name="The Complete Guide to Divorce Law"/> |
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=== Sexual Issues === |
=== Sexual Issues === |
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Research has shown that sexual [[compatibility]] is strongest in relationships whose partners are about ten years apart.<ref name="The Top 10 Reasons for Divorce">{{cite web|title=The Top 10 Reasons for Divorce|url=http://www.divorceguide.com/free-divorce-advice/marriage-and-separation-advice/the-top-10-reasons-for-divorce.html|accessdate=3 October 2011}}</ref> Given that the average age difference between the members of most couples is smaller than this (by about two to five years), it is no wonder that sexual dissimilarity is a concern for many.<ref name="The Top 10 Reasons for Divorce"/> By the time each half of the hitched pair reaches his/her third decade (i.e. each partner has become a [[tricenarian]]), their sex drives tend to desynchronize.<ref name="The Top 10 Reasons for Divorce"/> Other sexual incompatibilities, such as differences in carnal preferences, worsen the issue.<ref name="The Top 10 Reasons for Divorce"/> Based upon this consistency problem, couples are able to file for divorce.<ref name="The Complete Guide to Divorce Law"/> In a number of states, another [[intimacy]] related issue—impotency—can also function as grounds for divorce.<ref name="The Complete Guide to Divorce Law"/> If a spouse is unable to perform the act of sex with his or her partner, the other member of the couple is well within his or her rights to file for divorce.<ref name="The Complete Guide to Divorce Law"/> To serve as valid grounds, the husband’s or wife’s inability to perform intercourse must have been present at the outset of the marriage, and had to have lasted through the start of the divorce proceedings; i.e. the couple must not have consummated the relationship in order to employ this justification.<ref name="The Complete Guide to Divorce Law"/> |
Research has shown that sexual [[Interpersonal compatibility|compatibility]] is strongest in relationships whose partners are about ten years apart.<ref name="The Top 10 Reasons for Divorce">{{cite web|title=The Top 10 Reasons for Divorce|url=http://www.divorceguide.com/free-divorce-advice/marriage-and-separation-advice/the-top-10-reasons-for-divorce.html|accessdate=3 October 2011}}</ref> Given that the average age difference between the members of most couples is smaller than this (by about two to five years), it is no wonder that sexual dissimilarity is a concern for many.<ref name="The Top 10 Reasons for Divorce"/> By the time each half of the hitched pair reaches his/her third decade (i.e. each partner has become a [[tricenarian]]), their sex drives tend to desynchronize.<ref name="The Top 10 Reasons for Divorce"/> Other sexual incompatibilities, such as differences in carnal preferences, worsen the issue.<ref name="The Top 10 Reasons for Divorce"/> Based upon this consistency problem, couples are able to file for divorce.<ref name="The Complete Guide to Divorce Law"/> In a number of states, another [[intimacy]] related issue—impotency—can also function as grounds for divorce.<ref name="The Complete Guide to Divorce Law"/> If a spouse is unable to perform the act of sex with his or her partner, the other member of the couple is well within his or her rights to file for divorce.<ref name="The Complete Guide to Divorce Law"/> To serve as valid grounds, the husband’s or wife’s inability to perform intercourse must have been present at the outset of the marriage, and had to have lasted through the start of the divorce proceedings; i.e. the couple must not have consummated the relationship in order to employ this justification.<ref name="The Complete Guide to Divorce Law"/> |
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== Defenses == |
== Defenses == |
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''[[Condonation]]'' is used as a defense when the accusing spouse claims that the filing spouse has actually forgiven or accepted the wrongful behavior of their spouse prior to filing the charges and has in fact continued to have relations with them.<ref name="NelsonHenderson1895 2" /> |
''[[Condonation]]'' is used as a defense when the accusing spouse claims that the filing spouse has actually forgiven or accepted the wrongful behavior of their spouse prior to filing the charges and has in fact continued to have relations with them.<ref name="NelsonHenderson1895 2" /> |
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''[[Reconciliation]]'', like condonation, is used by the accused spouse to prevent a fault divorce when they can prove that the filing spouse has forgiven them and reconciliation has occurred.<ref name="NelsonHenderson1895 4"/> |
''[[Conciliation|Reconciliation]]'', like condonation, is used by the accused spouse to prevent a fault divorce when they can prove that the filing spouse has forgiven them and reconciliation has occurred.<ref name="NelsonHenderson1895 4"/> |
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''[[Recrimination]]'' is when the spouse who is being accused of wrongdoing attempts to stop the divorce process by claiming that the other spouse is guilty of bad behavior themselves.<ref name="NelsonHenderson1895" /> |
''[[Recrimination]]'' is when the spouse who is being accused of wrongdoing attempts to stop the divorce process by claiming that the other spouse is guilty of bad behavior themselves.<ref name="NelsonHenderson1895" /> |
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''[[Provocation]]'' is used when the spouse accused of abandoning the marriage defends the suit on the ground that the filing spouse provoked the abandonment.<ref name="NelsonHenderson1895 3"/> |
''[[Provocation (legal)|Provocation]]'' is used when the spouse accused of abandoning the marriage defends the suit on the ground that the filing spouse provoked the abandonment.<ref name="NelsonHenderson1895 3"/> |
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=== Possible reconciliation === |
=== Possible reconciliation === |
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{{reflist|refs= |
{{reflist|refs= |
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<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282| |
<ref name="The complete guide to divorce law4">{{cite book|last=Choudhri|first=Nikara K.|title=The complete guide to divorce law|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA7|year=2004|publisher=Citadel Press|location=New York|isbn=0806525282|page=7}}</ref> |
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<ref name="NelsonHenderson1895 3">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|pages=87–91}}</ref> |
<ref name="NelsonHenderson1895 3">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|pages=87–91}}</ref> |
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<ref name="Marriages & families">{{cite book|last=Benokraitis|first=Nijole V.|title=Marriages & families : changes, choices, and constraints|year=2010|publisher=Pearson/Prentice Hall|location=Upper Saddle River, N.J.|isbn=0132431734|page=421|edition=7. ed.}}</ref> |
<ref name="Marriages & families">{{cite book|last=Benokraitis|first=Nijole V.|title=Marriages & families : changes, choices, and constraints|year=2010|publisher=Pearson/Prentice Hall|location=Upper Saddle River, N.J.|isbn=0132431734|page=421|edition=7. ed.}}</ref> |
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<ref name="Marriages and families">{{cite book|title=Marriages and Families Census Update Changes, Choices, and Constraints.|publisher=Pearson College Div|isbn=0205006736| |
<ref name="Marriages and families">{{cite book|title=Marriages and Families Census Update Changes, Choices, and Constraints.|publisher=Pearson College Div|isbn=0205006736|page=422}}</ref> |
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<ref name="NelsonHenderson1895 4">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan| |
<ref name="NelsonHenderson1895 4">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|page=500}}</ref> |
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<ref name="NelsonHenderson1895 2">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|pages=444–468}}</ref> |
<ref name="NelsonHenderson1895 2">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|pages=444–468}}</ref> |
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<ref name="NelsonHenderson1895">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|pages=420–443}}</ref> |
<ref name="NelsonHenderson1895">{{cite book|last1=Nelson|first1=|last2=Henderson|first2=|title=A treatise on the law of divorce and annulment of marriage|url=http://books.google.com/books?id=vgs9AAAAIAAJ&pg=PA469|accessdate=9 October 2011|volume=1|year=1895|publisher=Callaghan|pages=420–443}}</ref> |
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<ref name="Divorce for dummies">{{cite book|last=Ventura|first=John|title=Divorce for dummies|year=2009|publisher=Wiley Pub.|location=Hoboken, NJ|isbn=978-0-470-41151-3|url=http://books.google.com/books?id=xjtVywvaAtkC&pg=PA16| |
<ref name="Divorce for dummies">{{cite book|last=Ventura|first=John|title=Divorce for dummies|year=2009|publisher=Wiley Pub.|location=Hoboken, NJ|isbn=978-0-470-41151-3|url=http://books.google.com/books?id=xjtVywvaAtkC&pg=PA16|page=16|edition=3rd|coauthors=Reed, Mary}}</ref> |
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<ref name="Family law : the essentials">{{cite book|last=Statsky|first=William P.|title=Family law : the essentials|year=2004|publisher=Thomas/Delmar Learning|location=Clifton Park, NY|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA89|isbn=1401848273| |
<ref name="Family law : the essentials">{{cite book|last=Statsky|first=William P.|title=Family law : the essentials|year=2004|publisher=Thomas/Delmar Learning|location=Clifton Park, NY|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA89|isbn=1401848273|page=89|edition=2nd}}</ref> |
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<ref name="Family law for paralegals">{{cite book|last=Ehrlich|first=J. Shoshanna|title=Family law for paralegals|year=2008|publisher=Aspen Publishers/Wolters Kluwer|location=New York, NY|url=http://books.google.com/books?id=xvTkXYe6HfwC&pg=PA163|isbn=0735563829| |
<ref name="Family law for paralegals">{{cite book|last=Ehrlich|first=J. Shoshanna|title=Family law for paralegals|year=2008|publisher=Aspen Publishers/Wolters Kluwer|location=New York, NY|url=http://books.google.com/books?id=xvTkXYe6HfwC&pg=PA163|isbn=0735563829|page=163|edition=4th}}</ref> |
||
<ref name="Good intentions gone awry : no-fault divorce and the American family">{{cite book|last=Parkman|first=Allen M.|title=Good intentions gone awry : no-fault divorce and the American family|year=2000|url=http://books.google.com/books?id=AHs1l8fv6eEC&pg=PA190|publisher=Rowman & Littlefield|location=Lanham, Md.|isbn=0847698696| |
<ref name="Good intentions gone awry : no-fault divorce and the American family">{{cite book|last=Parkman|first=Allen M.|title=Good intentions gone awry : no-fault divorce and the American family|year=2000|url=http://books.google.com/books?id=AHs1l8fv6eEC&pg=PA190|publisher=Rowman & Littlefield|location=Lanham, Md.|isbn=0847698696|page=190}}</ref> |
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<ref name="How to file your own divorce : with forms">{{cite book|last=Haman|first=Edward A.|title=How to file your own divorce : with forms|year=2001|publisher=Sphinx Pub.|location=Naperville, IL|isbn=1-57248-132-3| |
<ref name="How to file your own divorce : with forms">{{cite book|last=Haman|first=Edward A.|title=How to file your own divorce : with forms|year=2001|publisher=Sphinx Pub.|location=Naperville, IL|isbn=1-57248-132-3|page=31|edition=4th}}</ref> |
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<ref name="The complete guide to divorce law">{{cite book|last=Choudhri|first=Nihara K.|title=The complete guide to divorce law|year=2004|publisher=Citadel Press|location=New York|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA9|isbn=0806525282| |
<ref name="The complete guide to divorce law">{{cite book|last=Choudhri|first=Nihara K.|title=The complete guide to divorce law|year=2004|publisher=Citadel Press|location=New York|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA9|isbn=0806525282|page=9}}</ref> |
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<ref name="The complete guide to divorce law2">{{cite book|last=Choudhri|first=Nihara K.|title=The complete guide to divorce law|year=2004|publisher=Citadel Press|location=New York|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA8|isbn=0806525282| |
<ref name="The complete guide to divorce law2">{{cite book|last=Choudhri|first=Nihara K.|title=The complete guide to divorce law|year=2004|publisher=Citadel Press|location=New York|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA8|isbn=0806525282|page=8}}</ref> |
||
<ref name="The complete guide to divorce law3">{{cite book|last=Choudhri|first=Nihara K.|title=The complete guide to divorce law|year=2004|publisher=Citadel Press|location=New York|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA11|isbn=0806525282| |
<ref name="The complete guide to divorce law3">{{cite book|last=Choudhri|first=Nihara K.|title=The complete guide to divorce law|year=2004|publisher=Citadel Press|location=New York|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA11|isbn=0806525282|page=11}}</ref> |
||
<ref name="The Complete Guide to Divorce Law">{{cite book|last=Choudrhi|first=Nihara K.|title=The Complete Guide to Divorce Law|year=2004|publisher=Kensington Publishing Corp.|location=New York, NY|isbn=0806525282|page=10|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA10|edition=1st}}</ref> |
<ref name="The Complete Guide to Divorce Law">{{cite book|last=Choudrhi|first=Nihara K.|title=The Complete Guide to Divorce Law|year=2004|publisher=Kensington Publishing Corp.|location=New York, NY|isbn=0806525282|page=10|url=http://books.google.com/books?id=5cLIO2yUA4gC&pg=PA10|edition=1st}}</ref> |
||
<ref name="Family law, sex and society : a comparative study of family law">{{cite book|last=Cruz|first=Peter de|title=Family law, sex and society : a comparative study of family law|year=2010|publisher=Routledge|location=London|url=http://books.google.com/books?id=a3XUTQnw8VIC&pg=PA88|isbn=0415484308| |
<ref name="Family law, sex and society : a comparative study of family law">{{cite book|last=Cruz|first=Peter de|title=Family law, sex and society : a comparative study of family law|year=2010|publisher=Routledge|location=London|url=http://books.google.com/books?id=a3XUTQnw8VIC&pg=PA88|isbn=0415484308|page=88}}</ref> |
||
<ref name="Family law">{{cite book|last=Statsky|first=William P.|title=Family law|year=2008|publisher=Delmar Cengage Learning|location=Australia|isbn=0766833585|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA188| |
<ref name="Family law">{{cite book|last=Statsky|first=William P.|title=Family law|year=2008|publisher=Delmar Cengage Learning|location=Australia|isbn=0766833585|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA188|page=188|edition=5th}}</ref> |
||
<ref name="Family law2">{{cite book|last=Statsky|first=William P.|title=Family law|year=2008|publisher=Delmar Cengage Learning|location=Australia|isbn=0766833585| |
<ref name="Family law2">{{cite book|last=Statsky|first=William P.|title=Family law|year=2008|publisher=Delmar Cengage Learning|location=Australia|isbn=0766833585|page=187|url=http://books.google.com/books?id=_y4QlixOTx0C&pg=PA187|edition=5th}}</ref> |
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}} |
}} |
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Revision as of 00:05, 15 November 2011
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce.[1] Each state in the United States has its own set of grounds.[2] 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.[3] Several states require that the couple must live apart for several months before being granted a divorce.[4] However, living apart is not accepted as grounds for a divorce in many states.[4]
With the world’s highest divorce rate the United States allows a person to end a marriage by filing for a divorce on the grounds of either fault or no fault.[5] In the past most states only granted divorces on fault grounds but no-fault divorces have become increasingly more accepted.[6] Fault and no-fault divorces each require that specific grounds be meant. [7] In No-fault divorces a mutual agreement that both parties no longer feel the marriage is worth continuing exists; separation and irreconcilable differences are the most common grounds used.[6] On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage; several grounds are used including adultery, cruelty, abandonment, mental illness; and even criminal conviction.[6] There are however additional grounds which are acceptable in some states; such as drug abuse, impotency, and religious reasons.[8]
While there are various grounds for divorce across the United States, there are also defenses that can be raised in response to many divorce claims.[8] These defenses include proving that the accused spouse was not actually at fault, or that the spouses were not actually separated for the required period of time, or that there is still a chance of reconciliation.[8]
![](https://upload.wikimedia.org/wikipedia/commons/thumb/8/82/Just_divorced.jpg/220px-Just_divorced.jpg)
No fault divorce
No-fault divorce is currently represented in every state within the United States.[9] When the marriage partners mutually consent that they no longer feel the marriage is worth continuing, a no-fault divorce will allow the couple to obtain a divorce easily. [9] In order to obtain a no-fault divorce in some states, the parties will mutually consent to provide information regarding incompatibility or why the marriage partners have changed, grown apart, or have irreconcilable differences. [9] Additionally, in some states, the person's spouse may need to provide similar information in the divorce proceedings.[9] If a state requires a separation period, that person may be required to bring a witness to testify that the parties have been living apart for the required amount of time.[9]
Separation
Marriage partners that are living apart have grounds for no-fault divorce.[4] Statutes require the parties must live apart for a certain period of time. [4] Time required for the separation would be a consideration of the state where the couple lives. [4] The time limitation is created for the couple to see if they would be able to make an amends. [4]
Irretrievable breakdown
In the United States, there are several states that will allow spouses to divorce if they are no longer willing to live with one another. [6] However, there are some states that use different terminologies for a marriage that breaks down which is legally termed as "irreconcilable differences" or "incompatible of temperament".[6] This breakdown occurs through no fault of the spouses, without blame to one another, and it can commonly represent grounds for divorce. [6] Regardless of the terminology used, all states fundamentally allow a party to divorce if the marriage breaks down and it is understood by the couple that the marriage will not work.[6] In order to attain a divorce on grounds that the marriage is over, the requirement for the couple is to prepare an affidavit and sign it under oath that a marriage is irreparably broken.[6] An alternative to an under oath statement is to agree in writing that a marriage is broken beyond repair.[6]
State acceptance
Every state within the United States participates in some form of "no-fault" divorce.[7] If the decision by a married couple is made that a no-fault divorce is best, no proof for the divorce is required because they both mutually consent to the divorce. [7] Additionally, a no-fault divorce provides less strain on a couple that has children.[7] In the no-fault, one member from the party acknowledges that the marriage is beyond repair.[7] A no-fault divorce is rather conventional vs a fault divorce because it is conditional.[7] Another reason for choosing a no-fault divorce over a fault divorce is that it is quick and easy as well as less expensive. [7]
Shift of acceptance
In the early 70's, California was the first state to segue toward no-fault divorce.[10] During the next 15 years, the no-fault reform took the lead as other states soon decided to follow. [10]
The legal system in California chose to terminate all fault grounds for divorce and utilized single no-fault standards making divorce easier and less costly.[10] Upon California's lead, some states prefer to have both options of fault and no-fault grounds. However, the states that do not carry both options of a fault and no-fault ground just prefer to have the one option of a no-fault ground. [10]
Some marriages do not last for a very long time and early on, spouses begin to evaluate their marital situation.[11] During the early part of a marriage, one spouse may begin to evaluate the marriage and decide if it would be reasonable to continue with a long term commitment to the other party.[11] During this evaluation period, one should consider no-fault divorce as a possible grounds. [11] As time passes, one spouse in a marriage makes more long-term sacrifices in order to be committed. [11] These sacrifices could include career choices, children, and social life. [11] As one makes more commitment, it becomes more difficult to divorce. [11] Earlier in the marriage, the sacrifices are smaller and a decision for divorce is easier based on mutual consent.[11] Sacrifice can be the cost of change and provides the parties grounds for divorce.[11]
Pros and cons
Multiple surveys have been given to the American people to collect their thoughts on no-fault divorce.[12] Through the surveys it was revealed that 50% of Americans are disappointed with the no-fault divorce and would like to have alterations made to the system making no-fault divorce more difficult for couples who want to attain. [12] According to economist Robert Rowthorn, no-fault divorce can enable couples the ability to lack the commitment toward marriage.[12] The basis of this argument is that marriage can be compared to a business partnership. [12] In a business partnership, the foundation is a long term commitment to success as well as trust. [12] A marriage should be considered in a similar manner with trust and committment at the foundation of the relationship empowering the couple to have the confidence to sustain a long lasting relationship. [12] The commitment should be not only to one another, it should be a long term commitment to the marriage. [12] Wardle argues after multiple surveys that the overall American opinion is that couples who have families can divorce easily by no-fault.[12] At the turn of the millennium, Wardle states that some type of reform will be accepted in many states which should occur within the next decade.[12]
There are 4 main arguments that Ira Ellman has critiqued on no-fault vs fault-based divorce.[12] The arguments consist of: 1) No-fault divorce increases the amount of divorces. Currently, there are no statistics that support this information.[12] 2) Marital misconduct is affected negatively when one spouse files against the other because of wrong doing in the marriage.[12] Fault based divorce which can be defined where considerations are based on issues such as adultry, mental or physical abuse, drug or alcohol abuse, as well as desertion.[12] 3) Dividing up the couples property such as the house, pertinent valuables, debts, and alimony have become unfair through a no-fault divorce.[12] 4) A no-fault divorce has made a negative impact towards one's society leaving a negative impact on one's thinking about marriage and families.[12] Ellman feels that these arguments are not exact.[12]
Fault divorce
A fault divorce is a divorce granted on the grounds that one party in the divorce is considered to be at fault of specific wrong doings.[7] The party filling for the divorce must prove that the other party has done something to justify ending the union.[7] Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other parties’ guilt.[7] The specific grounds for receiving a fault divorce include adultery, impotency, infertility or homosexuality of the other party that was not discussed before the union; criminal conviction of a felony or imprisonment of one party for a certain length of time; abandonment or desertion, cruelty, or mental instability of one of the parties.[7]
Divorce courts require proof be given that the grounds actually exist; this can be accomplished by providing testimony from a hired detective with documentation of the spouse’s bad behavior or from someone who witnessed or has first-hand knowledge of the spouse’s bad behavior.[7] There are defenses a spouse can use to convince the court that he or she is not at fault in order to have the grounds dismissed and possibly prevent a fault divorce.[7] These defenses include collusion, condonation, connivance, and provocation.[7]
Fault divorces are becoming less common today because almost every state now recognizes no-fault divorces.[7] No-fault divorces are more common since no proof of fault is required they are not as costly, can be completed faster and may be less stressful on the family members.[7] However, fault divorces are advantageous if a quick divorce is desirable; this type of divorce is granted quickly without the waiting period of no-fault divorces where parties are ordered to live apart for a specific amount of time before the divorce is finalized.[7] Another benefit of a fault divorce is the monetary gain; proof of the accused party’s wrongdoing may result in the court granting the filing spouse a larger portion of the marital property or increased support and alimony.[7] However, fault divorces are considerably more expensive to obtain than no-fault divorces. [7]
The most common fault grounds include the following:
Adultery
Sexual activities with a person of the opposite sex as well as the same sex involving oral sex and other sexual behavior not necessarily including intercourse constitute adultery.[13] To obtain a divorce on grounds of adultery the accusing party must present proof that their spouse voluntarily engaged in sexual relations with someone else.[13] Circumstantial as well as documented evidence including videotapes of the spouse committing the sexual infidelity can be used as proof of adultery.[13] The accusing partner must prove that the other partner had the opportunity and inclination to commit adultery.[14]
Cruelty
Proof of cruelty or the repeated infliction of serious physical or mental suffering by one marital partner on the other is also grounds for divorce.[13] To obtain a divorce on the grounds of cruelty the filing spouse must prove that the cruelty has made marriage intolerable for them.[13] The cruelty must have been deliberate and calculated and must not have been provoked by the filing spouse.[13] Acts such as physical attacks, repeated displays of rage involving screaming and violent behavior, as well as continuous false accusations adultery and publicly berating and insulting a spouse or flaunting an affair with another person are some grounds of cruelty.[13] The cruelty must have been recurrent; single acts of cruelty in a marriage are usually not considered grounds for divorce.[13]
Abandonment or desertion
Leaving the household with the consent of the filing spouse or for reasons not related to the marriage like completing military service or employment assignments does not constitute abandonment or desertion.[15] Refusing to have sexual relations with a spouse can also be considered abandonment in some incidences.[15] To obtain a divorce on grounds of abandonment the accused spouse must have voluntarily deserted the marital household with no justification or intention to return.[16] The deserter must have left without the consent of the filing party and remained absent for an uninterrupted period of time.[16] However, a spouse who is unjustly forced from the marital household by the other spouse or leaves to escape domestic violence would not be at fault of abandonment or desertion.[15] In fact in these cases the spouse who remains at the home may be charged with abandonment if their behavior justifies the charge or if that spouse refuses a sincere offer of reconciliation.[15]
Mental illness
Permanent mental illness and incurable insanity is a ground for divorce.[15] To obtain a divorce on grounds of mental illness the filing spouse must have proof that the other spouse suffers from a permanent psychological disorder which makes marriage impossible.[15] The disorder must be incurable and the spouse must have been diagnosed by doctors competent in psychiatry.[15]
Criminal conviction
The criminal conviction and imprisonment of a spouse is often considered grounds for a divorce.[15] To obtain a divorce on grounds of criminal conviction the filing spouse must be able to prove that their spouse has been convicted of an illegal offense.[15] In many cases it is required that the convicted spouse has been sentenced to serve time in prison in order for a divorce to be granted on the grounds of criminal conviction.[15]
Other grounds for divorce may include; alcohol or substance abuse and impotency, infertility or homosexuality of the other party that was not discussed before the union.[8]
Other/Unusual grounds
There are a number of macro-level contexts that can serve as the foundation behind one’s decision to seek a divorce.[17] These circumstances represent various aspects of the social life, from technology and social integration, to the economy and military service.[17] Cultural mores and religious establishments can also function as the underpinnings for the dissolution of a matrimonial union.[17]
Culture, Religion, and Disease
Marrying someone of a different religion, ethnicity, or vastly different culture could potentially pave the way for divorce.[17] One partner may find himself/herself unable to handle the societal pressures of the arrangement, or may feel compelled to conform to the spouse’s/other culture’s ideals (e.g. child rearing, dietary changes, etc.), which could lead to resentment.[18] In New Hampshire, there is the option for someone whose other half has joined a religious sect that leads to the destruction of the marriage to pursue divorce; this particular ground for divorce is one of several that have been categorized as unusual.[8] Another state that offers an uncommon divorce ground is Illinois, which allows people to pursue divorce in instances where their spouse exposes them to a sexually transmitted infection.[8]
Per the tenets of certain religious organizations, divorce is verboten for their devotees.[19] The Catholic Church, for example, does not permit its adherents to get a divorce, at least not in the legal sense.[19] Marriage annulments, however, are the de rigueur, de jure way for the followers of Catholicism to dissolve the official ties to their formerly betrothed.[19] The annulment, which renders a marriage null and void, can be sought on the bases of “adultery, pressure to marry, failure to consummate a marriage through vaginal intercourse, or a refusal to have children,” among other reasons.[19]
Substance Abuse
Another of the many potential issues that could lead to a couple’s divorce is substance abuse.[8] There is a noted correlation between excessive alcohol consumption and/or narcotic misuse and domestic violence.[20] Since extreme mistreatment of one’s spouse is a serious concern, the law considers it legitimate grounds for divorce; the same holds true in cases where a member of the couple just has a general dissatisfaction with the other’s overuse of controlled substance.[21]
Financial Backing
A common reason cited as grounds for divorce is one spouse’s unwillingness to support the other financially even though he or she has the economic means to do so.[8] Part of the concept of marriage is its role of joining people; there is a union, two “become one,” and the sharing of resources is one of many expected outcomes.[22] When someone in the marriage intentionally and maliciously refuses to uphold this communal monetary expectation, the other person can file for divorce in response. [8]
Sexual Issues
Research has shown that sexual compatibility is strongest in relationships whose partners are about ten years apart.[23] Given that the average age difference between the members of most couples is smaller than this (by about two to five years), it is no wonder that sexual dissimilarity is a concern for many.[23] By the time each half of the hitched pair reaches his/her third decade (i.e. each partner has become a tricenarian), their sex drives tend to desynchronize.[23] Other sexual incompatibilities, such as differences in carnal preferences, worsen the issue.[23] Based upon this consistency problem, couples are able to file for divorce.[8] In a number of states, another intimacy related issue—impotency—can also function as grounds for divorce.[8] If a spouse is unable to perform the act of sex with his or her partner, the other member of the couple is well within his or her rights to file for divorce.[8] To serve as valid grounds, the husband’s or wife’s inability to perform intercourse must have been present at the outset of the marriage, and had to have lasted through the start of the divorce proceedings; i.e. the couple must not have consummated the relationship in order to employ this justification.[8]
Defenses
The accused was not at fault
In some cases a spouse can prevent a fault divorce by convincing the court that he or she is not at fault.[8] Defenses commonly used to prevent a fault divorce are:
Condonation is used as a defense when the accusing spouse claims that the filing spouse has actually forgiven or accepted the wrongful behavior of their spouse prior to filing the charges and has in fact continued to have relations with them.[24]
Reconciliation, like condonation, is used by the accused spouse to prevent a fault divorce when they can prove that the filing spouse has forgiven them and reconciliation has occurred.[25]
Recrimination is when the spouse who is being accused of wrongdoing attempts to stop the divorce process by claiming that the other spouse is guilty of bad behavior themselves.[26]
Provocation is used when the spouse accused of abandoning the marriage defends the suit on the ground that the filing spouse provoked the abandonment.[27]
Possible reconciliation
In a fault divorce a reconciliation defence can not be acquired in the event of a forgiveness by one spouse.[28] As an example, abandonment; the divorce can't be based on that issue if one or both spouses reconcile after the abandonment they would have to find another ground for divorce. [28]
Insufficient Separation
Under the no-fault grounds of separation for a pre-determined time length, the half of the couple who does not desire a divorce has only a single recourse in contesting the break-up.[8] If the span of the spouses’ separation does not last at least as long as was originally decided, then the dissenting person has a suitable defense to challenge the divorce.[8] In the event of a short-lived reunion or further conjugal relations, the court can argue that the couple did not adhere to the time period requirements of their separation agreement, and the divorce petition can be invalidated.[8]
References
- ^ "Grounds for Divorce Law &Legal Definition". USLegal. Retrieved 12 November 2011.
- ^ The World Book Encyclopedia (2002 ed. ed.). Chicago: World Book. 1988. p. 253. ISBN 0716601028.
{{cite book}}
:|edition=
has extra text (help) - ^ Gross, James J. (2006). File for divorce in Maryland, Virginia or the District of Columbia (2nd ed. ed.). Naperville, Ill.: Sphinx Pub. p. 51. ISBN 1572485361.
{{cite book}}
:|edition=
has extra text (help); Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ a b c d e f Statsky, William P. (2004). Family law : the essentials (2nd ed.). Clifton Park, NY: Thomas/Delmar Learning. p. 89. ISBN 1401848273.
- ^ Loveless, Scott (2007). The family in the new millennium (1. publ. ed.). Westport, Conn. [u.a.]: Praeger. p. 187. ISBN 0275992403.
- ^ a b c d e f g h i Choudhri, Nikara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 7. ISBN 0806525282.
- ^ a b c d e f g h i j k l m n o p q r s Ventura, John (2009). Divorce for dummies (3rd ed.). Hoboken, NJ: Wiley Pub. p. 16. ISBN 978-0-470-41151-3.
{{cite book}}
: Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ a b c d e f g h i j k l m n o p q Choudrhi, Nihara K. (2004). The Complete Guide to Divorce Law (1st ed.). New York, NY: Kensington Publishing Corp. p. 10. ISBN 0806525282.
- ^ a b c d e Haman, Edward A. (2001). How to file your own divorce : with forms (4th ed.). Naperville, IL: Sphinx Pub. p. 31. ISBN 1-57248-132-3.
- ^ a b c d Ehrlich, J. Shoshanna (2008). Family law for paralegals (4th ed.). New York, NY: Aspen Publishers/Wolters Kluwer. p. 163. ISBN 0735563829.
- ^ a b c d e f g h Parkman, Allen M. (2000). Good intentions gone awry : no-fault divorce and the American family. Lanham, Md.: Rowman & Littlefield. p. 190. ISBN 0847698696.
- ^ a b c d e f g h i j k l m n o p Cruz, Peter de (2010). Family law, sex and society : a comparative study of family law. London: Routledge. p. 88. ISBN 0415484308.
- ^ a b c d e f g h Choudhri, Nihara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 8. ISBN 0806525282.
- ^ Statsky, William P. (2008). Family law (5th ed.). Australia: Delmar Cengage Learning. p. 187. ISBN 0766833585.
- ^ a b c d e f g h i j Choudhri, Nihara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 9. ISBN 0806525282.
- ^ a b Statsky, William P. (2008). Family law (5th ed.). Australia: Delmar Cengage Learning. p. 188. ISBN 0766833585.
- ^ a b c d Benokraitis, Nijole V. (2010). Marriages & families : changes, choices, and constraints (7. ed. ed.). Upper Saddle River, N.J.: Pearson/Prentice Hall. p. 421. ISBN 0132431734.
{{cite book}}
:|edition=
has extra text (help) - ^ Benokraitis, Nijole V. (2010). Marriages & families : changes, choices, and constraints (7. ed. ed.). Upper Saddle River, N.J.: Pearson/Prentice Hall. p. 392. ISBN 0132431734.
{{cite book}}
:|edition=
has extra text (help) - ^ a b c d Marriages and Families Census Update Changes, Choices, and Constraints. Pearson College Div. p. 422. ISBN 0205006736.
- ^ T, Buddy. "Domestic Abuse and Alcohol". Retrieved 13 November 2011.
- ^ "Do I need to have a reason to get a divorce?". Retrieved 13 November 2011.
- ^ Graff, E.J. Melting the earth : the evolution of ideas about volcanic eruptions. Boston, Mass.: OUP USA. p. 2. ISBN 0807041149.
- ^ a b c d "The Top 10 Reasons for Divorce". Retrieved 3 October 2011.
- ^ Nelson; Henderson (1895). A treatise on the law of divorce and annulment of marriage. Vol. 1. Callaghan. pp. 444–468. Retrieved 9 October 2011.
- ^ Nelson; Henderson (1895). A treatise on the law of divorce and annulment of marriage. Vol. 1. Callaghan. p. 500. Retrieved 9 October 2011.
- ^ Nelson; Henderson (1895). A treatise on the law of divorce and annulment of marriage. Vol. 1. Callaghan. pp. 420–443. Retrieved 9 October 2011.
- ^ Nelson; Henderson (1895). A treatise on the law of divorce and annulment of marriage. Vol. 1. Callaghan. pp. 87–91. Retrieved 9 October 2011.
- ^ a b Choudhri, Nihara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 11. ISBN 0806525282.