Grounds for divorce (United States): Difference between revisions
| Line 36: | Line 36: | ||
===Arguments for and against=== |
===Arguments for and against=== |
||
Multiple surveys have been given |
|||
Multiple surveys have been given out to the American people to collect their thoughts on no-fault divorce. The results of the survey revealed that the Americans are not happy with the no-fault divorce and are in favor of changes that would make divorces more difficult to obtain. |
|||
=== Fault divorces === |
=== Fault divorces === |
||
Revision as of 23:25, 7 October 2011
Grounds for Divorce is also a single by Elbow, a song by Wolf Parade, and a song by Big Business.
 | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (October 2011) |
Template:Globalize/US The Grounds for divorce are set regulations in each state that specify under what circumstances can one party be granted a divorce. In some jurisdictions, the couples must live apart for several months before being granted a divorce.
There are certain types of divorce that differ by how divorce is legally defined, and others that deal with the dissemination of funds.
No fault divorces
Currently, all states have a commonly referenced no-fault divorce. A no-fault divorce allows a person to get a divorce just because the parties no longer want to be married.[1] In a no-fault divorce, a person testifies that their marriage is irretrievably broken (your state might not use irretrievably).[1] Some states, as an example, will use incompatibility, or irrevocable (just make sure you use the same language as your state).[1] In a brief manor a person would inform the judge why they would not want to be married anymore. In some states, and in some type of consent procedures, the person's spouse may need to say the same thing.[1] If there is a requirment for a separation period, that person may need to bring a witness in order to testify that the parties have been living apart for the required amount of time.[1]
Separation for a certain period of time
Separation and living apart is considered a no-fault ground for divorce in many states.[2] Most statutes require the parties to live apart for a certain consecutive period of time ranging from 6 months to 3 years.[2] Multiple states also require that the time spent apart from both the spouses be voluntary or consensual.[2] The reason for the time limitation is to force the parties to seriously think if a reconciliation is possible. [2]
Irretrievable breakdown of the marriage relationship
A majority of states will allow a party to divorce if there has been an "irretrievable breakdown of the marriage relationship".[3] However, different states will use different terminologies-- for example "irreconcilable differences" or "incompatiable of temperament" maybe used to depict this ground for divorce.[3] Regardless of the dialect used, all of these states will fundamentally allow a party to divorce if the marriage had been broken down and it is understood that there will be no reconcilation for both parties.[3] In order to attain a divorce on grounds of irretrievable marriage breakdown, all one is required to do majority of the time is that one spouse will have to state under oath that there marriage is irreparably broken.[3] An alternative is that both spouses can agree in writing that their marriage is broken beyond repair.[3]
State acceptance
Presently, all states recognize some type of no-fault divorce.[4] If the decision is made that a no-fault divorce is best for your party.[4] Neither party has to prove that there spouse did anything to cause this divorce.[4] All that needs to be done is that one member from the party needs to acknowledge that things did not work out between both spouses.[4] The mutual understanding to attain a no-fault ground divorce comprise of "incompatibility," "irretrievable breakdown," or "irreconcilable differences."[4] A no-fault divorce is generally less expensive, quicker to complete, and easier on the spouses and their children because no proof is needed.[4] In conclusion, a no-fault divorce are highly customary compared to fault divorces.[4]
Shift of acceptance
In 1970 California was the first state that started the no-fault reform that took the United States by storm.[5] Within 15 years the legal system was dramatically altered.[5] When California decided to improve its law, it essentially choose to terminate all fault grounds and replace them with a single no-fault standard.[5] A compelling amount of states followed California's lead and now only have no-fault grounds.[5] However, a majority of states decided to keep their existing fault grounds and just added no-fault ground provisions.[5] Which then created a dual system of divorce. [5]
Gains from a marriage can be smaller today for a majority of couples than they were in the past, a concerning question to ask would be, does one party still want to make a long term commitment to this other party?[6] During this evaluation period, no-fault divorce should continue to be the grounds for divorce.[6] Ultimately, at least one spouse might make sacrifices based on a long-term commitment to the marriage, then the grounds for divorce should shift to mutual consent.[6] The sacrifice is a cost of change.[6] With the changes in the parties circumstances, the grounds for divorce would change to mutual consent.[6] The reason for the change is because accommodations for the long-term benefit of the marriage may be subtle, setting a predetermined period, such as 5 years, as the basis for the shift from no-fault divorce to mutual consent divorce would seem reasonable. [6]
Arguments for and against
Multiple surveys have been given
Fault divorces
A fault divorce is a divorce that takes place on the grounds that one party can be considered at fault.[4] One party in the marriage must prove that the other has done something to justify ending the union.[4] 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.[4] Specific grounds must be given and proved for one party to receive a fault divorce such as adultery by the other party; impotency of the other party; 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; or extreme cruelty by or mental instability of one of the parties.[4] It is a requirement of the court that 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 firsthand knowledge of the spouse’s bad behavior.[4] Fault divorces appear to be less common today because no-fault divorces are now recognized by all states.[4] No-fault divorces are less expensive, easier to obtain, and less stressful on the spouses and their children because they do not require one to prove fault.[4] However, fault divorces are 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.[4] Proving fault in fault divorces also often provides the filing spouse with a larger portion of the marital property or increased support and alimony.[4]
The most common fault grounds include the following:
Adultery
Cruelty
Abandonment
Mental illness
Criminal conviction
Other grounds
Research has shown that sexual compatibility is strongest in relationships whose partners are about ten years apart. 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 impotency is a concern for many. Once the hitched pair reaches their third decade, their sex drives tend to desynchronize. Other sexual incompatibilities, such as difference in preferences, worsen the issue. Based upon this consistency problem, couples are able to file for divorce.[7]
Marrying someone of a different religion, ethnicity, or vastly different culture could also pave the way for divorce. One partner may find him/herself unable to handle the societal pressures of the arrangement, or may feel pressured to conform to the spouse’s/other culture’s ideals (e.g. child rearing, dietary changes, etc.), which could lead to resentment. In New Hampshire, one unusual ground for divorce is an option for someone whose other half has joined ‘a religious sect that destroys the marriage.[8]
Defenses to grounds
The accused spouse was not actually at fault
Spouses were not actually separated for the requisite period of time
There is still a chance of reconciliation
The defense for reconciliation impedes one spouse from acquiring a divorce on fault grounds after he/she has already forgiven the other spouse for the conduct at issue.[7] For example, a spouse will not be able to acquire a divorce on the grounds of the other spouse's abandoment if the party reconciled after the abandonment; the reason is that the other spouse has forgiven the other spouse for leaving [7]
See also
References
- ^ a b c d e Haman, Edward A. (2001). How to file your own divorce : with forms (4th ed. ed.). Naperville, IL: Sphinx Pub. p. 31. ISBN 1-57248-132-3.
{{cite book}}:|edition=has extra text (help) - ^ a b c d Statsky, William P. (2004). Family law : the essentials (2nd ed. ed.). Clifton Park, NY: Thomas/Delmar Learning. p. 89. ISBN 1401848273.
{{cite book}}:|edition=has extra text (help) - ^ a b c d e Choudhri, Nikara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 9. ISBN 0806525282.
- ^ a b c d e f g h i j k l m n o p Ventura, John (2009). Divorce for dummies (3rd ed. ed.). Hoboken, NJ: Wiley Pub. p. 16. ISBN 978-0-470-41151-3.
{{cite book}}:|edition=has extra text (help); Unknown parameter|coauthors=ignored (|author=suggested) (help) Cite error: The named reference "Divorce for dummies" was defined multiple times with different content (see the help page). - ^ a b c d e f Ehrlich, J. Shoshanna (2008). Family law for paralegals (4th ed. ed.). New York, NY: Aspen Publishers/Wolters Kluwer. p. 163. ISBN 0735563829.
{{cite book}}:|edition=has extra text (help) - ^ a b c d e f 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 Choudhri, Nikara K. (2004). The complete guide to divorce law. New York: Citadel Press. p. 11. ISBN 0806525282.
- ^ Choudrhi, Nihara (2004). The Complete Guide to Divorce Law (1st ed. ed.). New York, NY: Kensington Publishing Corp. p. 10. ISBN 0806525282.
{{cite book}}:|edition=has extra text (help)
External links
|