Grounds for divorce

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]

For divorce regulations specific to the United States, see Grounds for divorce (United States). For other uses, see Grounds for divorce (disambiguation).
Family law
Family

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]

Grounds for divorce

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 grounds for divorce

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 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 fault divorce include adultery, cruelty, abandonment, and criminal conviction.[5]

Grounds for divorce worldwide

Many countries around the world including the United States have grounds for divorce.[6] In some countries, some men consider women as property.[6] Men can have several concubines and wives.[6] If the woman commits adultery, the woman can be executed for the act.[6] On the other hand, a husband can commit adultery without punishment.[6] The basis for this seemingly unfair legislation is that infidelity on the woman's part casts a doubt upon the heredity of the offspring. Why the heredity was so important is beyond the scope of this article.

Additionally, in Native American societies, adultery is grounds, but other considerations are factored into the divorce equation.[6] Those factors, such as laziness, being stingy or temperament are considered important for divorce decisions.[6]

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.[7] 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.[7] Several legal systems do not want to eliminate fault completely and reserve it in limited situations.[7]

Western countries have adopted other types of divorce laws.[8] Some countries, such as Switzerland and Germany, for example, have terminated fault divorce.[8] 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.[9]

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 .[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 "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.[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.

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See also

References
  1. United States. Bureau of the Census (1909). Marriage and divorce, 1867-1906. G.P.O. pp. 332–. Retrieved 13 November 2011.
  2. The yale law journal. 1911. p. 581. Retrieved 8 November 2011.
  3. 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. Choudhri, Nikara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 7. ISBN 0-8065-2528-2.
  6. 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. 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. 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. http://ec.europa.eu/civiljustice/divorce/divorce_ger_en.htm#2.
  10. 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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