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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. However, there are countries that view male adultery differently than female adultery as grounds for divorce. 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. Cruel and inhuman treatment constitute as grounds for divorce. In a proper defense, acceptable differences enable the defendant to have the ability to arrange grounds for divorce. Some examples for grounds for divorce are: * Adultery * Alcoholism * Disability * Abandonment (legal) * Imprisonment * Domestic violence (Including physical, sexual, or mental abuse of the other spouse and/or the child/children of the couple.) The spouse that is responsible for committing these allegations is required to confirm the correct date and place that the a ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws Divorce law by country, vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulm ...
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No-fault Divorce
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract. History In early modern Europe, Prussia took a pioneering role with Frederick the Great's 1757 edict allowing marriages to be dissolved on the ground of serious and continuous hostility between spouses, without pointing to any one guilty party. This early example of no-fault divorce was expanded on and formalized with the 1794 '' General State Laws for the Prussian States'', which allowed childless couples to file for divorce without giving a ground. The first modern no-fault divorce law was enacted in Russia in December 1917 following the October Revolution of the same year. Regarding marriage as a bourgeois institut ...
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Divorce In Norway
Divorce in Norway can be obtained on several grounds. Divorce grounds There are several grounds of divorce described in ''The Marriage Act''. One year legal separation Either spouse may demand a legal separation, and after a year has passed, a divorce. Section 20 provides that "A spouse who finds that he or she cannot continue cohabitation may demand a separation", while Section 21 provides "Each of the spouses may demand a divorce when they have been separated for at least one year." However, the continuation of marital cohabitation during this period leads to the legal separation losing its effect, although this does not happen if the cohabitation, or an attempt to cohabitation, are transitional or brief. Two years de facto separation If the spouses have lived separate and apart for two years, this creates a ground of divorce. Section 22 stipulates that "Each of the spouses may demand a divorce if they have not cohabited for at least two years." Violence and forced marriag ...
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Divorce In Belgium
Divorce in Belgium occurs at a higher rate than in most other European countries. The divorce law in Belgium underwent major modifications in 2007. The new law came into force in September 2007. Law Tile VI. - About divorce (TITRE VI. - DU DIVORCE) defines the grounds for divorce. There are several types of divorce: *divorce by mutual consent: spouses must be in agreement about everything (not only on the divorce itself but also on other aspects, such property division etc) *divorce citing irreconcilable differences: this can be obtained on several grounds **having lived separate and apart for one year **by repeated legal declaration in front of the Tribunal at one year interval **having lived separate and apart for six months, if both spouses agree **by repeated legal declaration in front of the Tribunal at three months interval, if both spouses agree **by proving that there exist factors which make it impossible to continue life in common History Divorce was allowed in the 19th ...
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Grounds For Divorce (United States Law)
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. 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. Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states. In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault. In the past, most states only granted divorces on fault grounds, but today all states have adopted the no fault divorce. Fault and no-fault divorces each require that specific grounds be met. 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 ...
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Repudiation (marriage)
Repudiation is a formal or informal action in which a husband leaves his wife in a certain culture and religions. For example: * In Islam, a talaq divorce allows a man to divorce his spouse (in Arabic, talaq), otherwise known as the formula of repudiation. * In Babylonian law a husband could repudiate his wife, at the cost of returning the dowry. * Repudiation is also a concept that existed in the Roman law. * In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice, as well as a little more time to exercise it. Inconsistencies in the law are an issue in repudiation of marriage due to different age requirements. See also * Divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually ...
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Conjugal Visit
A conjugal visit is a scheduled period in which an inmate of a prison or jail is permitted to spend several hours or days in private with a visitor. The visitor is usually their legal partner. The generally recognized basis for permitting such visits in modern times is to preserve family bonds and increase the chances of success for a prisoner's eventual return to ordinary life after release from prison. They also provide an incentive for inmates to comply with the various day-to-day rules and regulations of the prison. Conjugal visits usually take place in designated rooms or a structure provided for that purpose, such as a trailer or a small cabin. Supplies such as soap, condoms, lubricant, bed linens, and towels may be provided. Country Australia In Australia, conjugal visits are permitted in the Australian Capital Territory and Victoria. Other jurisdictions, including Western Australia and Queensland, do not permit conjugal visits. Brazil In Brazil, male prisoners are eligib ...
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Irreconcilable Differences
The concept of irreconcilable differences provides possible grounds for divorce in the United States of America and Australia, among other jurisdictions. Australia Australian family law uses a no-fault divorce approach, and irreconcilable differences is the sole grounds for divorce, with adequate proof being that the estranged couple have been separated for more than 12 months. United States In the United States, this is one of several possible grounds. Often, it is used as justification for a no-fault divorce. In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form. Any sort of difference between the two parties that either cannot or will not be changed can be considered an irreconcilable differ ...
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Grounds For Divorce (United States)
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. 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. Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states. In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault. In the past, most states only granted divorces on fault grounds, but today all states have adopted the no fault divorce. Fault and no-fault divorces each require that specific grounds be met. 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 ...
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No-fault Divorce
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract. History In early modern Europe, Prussia took a pioneering role with Frederick the Great's 1757 edict allowing marriages to be dissolved on the ground of serious and continuous hostility between spouses, without pointing to any one guilty party. This early example of no-fault divorce was expanded on and formalized with the 1794 '' General State Laws for the Prussian States'', which allowed childless couples to file for divorce without giving a ground. The first modern no-fault divorce law was enacted in Russia in December 1917 following the October Revolution of the same year. Regarding marriage as a bourgeois institut ...
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Adultery
Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Judaism, Christianity and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with m ...
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Allegations
In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions. Types of allegations Marital allegations There are also marital allegations: marriage bonds and allegations exist for couples who applied to marry by licence. They do not exist for couples who married by banns. The marriage allegation was the document in which the couple alleged (or most frequently just the groom alleged on behalf of both of them) that there were no impediments to the marriage. Civil complaints Generally, in a civil complaint, a plaintiff alleges facts sufficient to establish all the elements of the claim and thus states a cause of action. The plaintiff must then carry the burden of proof and the burden of persuasion in order to succeed in the lawsuit. A defendant can allege affirmative defenses in its answer to the complaint. Other allegations are required in a pleading to establish the corr ...
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