Grounds for divorce
Grounds for divorce in the United States and other countries consider adultery as the most common grounds for divorce.[1] However, there are countries that view male adultery differently than female adultery as grounds for divorce.[1]
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]
Although there are specific guidelines for divorce, the United States and Europe can be quite liberal but in many respects Europeans have more stringent laws which are incorporated in their requirements for divorce.[1]
Contents |
[edit] 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]
[edit] United States grounds for divorce
In the United States, each state has distinctive reference names for grounds for divorce.[4] However, each state has similarities for identified fault in order for a divorce to be recognized.[4]
Some states recognize incompatibility as a ground for divorce.[4] Incompatibility requires a separation period before a divorce can be acknowledged.[4] The separation time period differs from state to state.[4] Currently, all states in America identify some form of irreconcilable differences or incompatibility as a ground for divorce.[4]
[edit] Grounds for divorce worldwide
Many countries around the world, including the United States have grounds for divorce.[5] In some countries, men consider woman as property.[5] Men can have several concubines and wives.[5] If the property commits adultery, the woman can be executed for the act.[5] On the other hand, a husband can commit adultery without punishment.[5]
Additionally, in Native American societies, adultery is grounds, but other considerations are factored into the divorce equation.[5] Those factors, such as laziness, being stingy or temperament are considered important for divorce decisions.[5]
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.[6] 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.[6] Several legal systems do not want to eliminate fault completely and reserve it in limited situations.[6]
Furthermore, European countries have adopted other types of divorce laws.[7] Switzerland, for example, has terminated fault divorce.[7] Instead a divorce can be obtained by mutual consent. In contrast, Germany’s divorce law considers the length of separation.[7] If a couple is separated for a three (3) year period the divorce is granted.[7] If a mutual agreement is reached by the couple, a one (1) year separation is considered as grounds.[7]
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 .[8] Nevertheless, it has been recognized for over 1500 years.[8] 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.[8] Marriage had to be based on love, understanding, and mutual respect.[8] With this law, the Chinese government feels the people will be loyal to the nation.[8]
[edit] See also
[edit] References
- ^ a b c d United States. Bureau of the Census (1909). Marriage and divorce, 1867-1906. G.P.O.. pp. 332–. http://books.google.com/books?id=NnUXOZ0mjl4C&pg=PA332. Retrieved 13 November 2011.
- ^ The yale law journal. 1911. p. 581. http://books.google.com/books?id=JgkrAAAAIAAJ&pg=PP2. Retrieved 8 November 2011.
- ^ a b c d e f g h i j k l 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. http://books.google.com/books?id=bQs9AAAAIAAJ&pg=PA1885. Retrieved 8 November 2011.
- ^ a b c d e f 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. http://books.google.com/books?id=f5pqMx7vmHwC&pg=PA117. Retrieved 8 November 2011.
- ^ a b c d e f g 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. http://books.google.com/books?id=a3XUTQnw8VIC&pg=PA22. Retrieved 11 October 2011.
- ^ a b c 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. http://books.google.com/books?id=a3XUTQnw8VIC. Retrieved 8 November 2011.
- ^ a b c d e 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. http://books.google.com/books?id=a3XUTQnw8VIC. Retrieved 8 November 2011.
- ^ a b c d e Bron B. Ingoldsby; Suzanna D. Smith (2006). Families in global and multicultural perspective. SAGE. pp. 180–. ISBN 978-0-7619-2819-5. http://books.google.com/books?id=UR3HhhtRy3gC&pg=PA180. Retrieved 8 November 2011.
