Sample divorce grounds from various states, countries
Part of the Divorce Reform Page
In states that no longer have any "fault" divorce grounds, some
of the following may be enacted as grounds after the availability of "no-fault"
grounds is limited by Divorce Reform.
Lists of all Grounds for Divorce in
the various states of the U.S.
Canada -- Fault Grounds
(b) the spouse against whom the divorce proceeding is brought has, since
celebration of the
marriage, (i) committed adultery, or (ii) treated the other spouse with
physical or mental cruelty of such a kind as to render intolerable the
continued cohabitation of the spouses.
Divorce Act Sec. 8(2)(b)
Georgia -- Georgia 1997 Reform Bill
has a good, modernized list of fault divorce grounds. There are two others
that are not in that bill, but are in the Georgia
Covenant Marriage Act HB 1138-SB
440:
(4) The other spouse has physically or sexually abused the spouse seeking
the divorce or a child of one of the spouses;
(6) On account of habitual intemperance of the other spouse or excesses,
cruel treatment, or outrages of the other spouse, if such habitual intemperance
or such ill-treatment is of such a nature as to render their living together
insupportable.
Maryland HB
9 adds cruelty of treatment or excessively vicious conduct as divorce
ground. Also introduced as SB 194
Mexico
Grounds for fault-based divorce (Article 267), after which Guilty spouse
can't remarry for 2 years and may have to pay alimony and also compensate
the Innocent for damages caused by the divorce:
I. Adultery
II. Illegitimate child conceived before marriage
III. Pimping or attempt to.
IV. Inciting spouse to violent crime
V. Corrupting the children by immoral acts or affirmative acts tolerating
corruption.
VI. Chronic or incurable disease that's contagious or hereditary; or incurable
impotence
VII. Insanity
VIII. Unjustified Desertion for 6 months
XI. Justified desertion for 1 year without filing for divorce
X. Disappearance
XI. Physical cruelty
XII. Nonsupport
XIII. Slanderous accusation of felony
XIV. Infamous but non-political felony
XV. Habitual gambling, drinking or drug use that threatens to ruin the family
or causes continual discord.
XVI. felonious attack on person or goods of spouse
France -- former laws
Excerpts from "Divorce
and Women in France" by Michèle Plott --
"The divorce law of September 20, 1792 ... couples could divorce
by mutual consent, or one spouse could sue for divorce simply for incompatibility
of temperament. So that unilateral divorce would not be used carelessly,
a waiting period of six months was imposed. [Other] grounds included immorality,
cruelty, insanity, condemnation for certain crimes, desertion for at least
two years, or emigration.
"In 1803, as part of the establishment of the Civil Code, the law was
made more restrictive: grounds for divorce were reduced to adultery, ill-treatment,
and certain degrading forms of punishment. Divorce by mutual consent now
required the permission of family members, and the grounds of incompatibility
were eliminated completely. In addition, the sexual double standard was
introduced into the law: women could be divorced for simple adultery, while
a man could be convicted of adultery only if he brought his mistress into
his home. These changes ... reduced the number of divorces to roughly a
tenth of their number under the 1792 law. In spite of their disadvantaged
position under the new law, women continued to outnumber men as petitioners
in divorce cases after 1803.
"With the return of the monarchy to France in 1816, divorce was abolished
entirely ... judicial separation became the only option for unhappy couples.
"[In 1884 a bill passed, based on the Napoleonic Code but eliminating
the sexual double standard.] Divorce was reestablished in France on July
27, 1884. "
More to come. Send us your state
or country's fault grounds, if you wish.
If you want to help out with the cost of providing this information,
contributions to Americans for Divorce Reform
would be appreciated.
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