What Are The Most Common Grounds For Getting A Divorce? | Law Offices of GillespieShields

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by | May 25, 2021 | Divorce and Family Law

What Are The Most Common Grounds For Getting A Divorce?

Divorce is the act of dissolving a marriage or marital union. Divorce usually entails the cancellation or reorganization of the legal duties and responsibilities of marriage, thereby dissolving the bonds of matrimony between a married couple under the law of the specific country or state. Divorce laws vary greatly around the world, but in most countries, divorce requires the approval of a court or other authority in a legal process that may involve issues of property distribution, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and debt division.

In the United States, divorce is very common with nearly half of the marriages ending in divorce or permanent separation. Commitment is a clear factor that has been shown in why certain pairs remain together. It may be necessary to divorce, but people who often indicate later in other circumstances would have wanted them to do more before the divorce. A couple’s risk of divorce is increased by many factors.

Cruel and inhuman treatment is a valid reason for divorce.  In a proper defense, acceptable disparities give the defendant the chance to set up divorce grounds. 

The following are some instances of grounds for divorce:

  • Sexual Harassment
  • Attendant circumstance
  • Adultery
  • Alcoholism
  • Desertion
  • Imprisonment
  • Domestic Violence (Including physical, sexual, or mental abuse of the other spouse and/or the child/children of the couple.)

Each state in the United States has its own reference word for reasons for divorce.

No-fault divorce is legal in all fifty states. Depending on the state, a no-fault divorce can be granted for reasons such as irreversible dissolution of the marriage, irreconcilable differences, incompatibility, or after a time of separation. Neither party is held accountable for the marriage’s failure. In at-fault divorces, on the other hand, one party is seeking a divorce because they believe the other has done something wrong that justifies ending the marriage.

In more developed countries, a common topic in family law is determining what circumstances give rise to fault-based and non-fault-based grounds for divorce. In recent years, many countries and states have accepted no-fault divorce and have taken into account a broader range of factors than the traditional collapse of a marriage.  Several legal systems do not intend to totally remove responsibility and instead reserve it for specific circumstances. 

Other sorts of divorce laws have been implemented in Western countries.

Fault divorce has been abolished in some nations, such as Switzerland and Germany.

In Germany, if a marriage has broken down, a divorce is allowed. There is an undeniable presumption.

Divorce is not as simple in China as it is in the United States, where factors of children, such as custody and support, as well as property, are taken into account. Despite this, it has been acknowledged for over 1500 years. 

There were three types of divorce recognized in Chinese ancient law: 1) Consent; 2) repudiation “seven grounds for men and three grounds for women”; 3) “intolerable conduct against conjugality ideals.” 

In order to avoid divorce, Chinese marriage legislation examined an alternative basis for marriage in 1981. Love, understanding, and mutual respect had to be the foundations of a marriage.  The Chinese government believes that by enacting this law, the people will remain loyal.

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By Azwatchdog – Own work, CC BY 2.5, https://commons.wikimedia.org/w/index.php?curid=5816262

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