The Divorce Law is very important in every state of America. When two people want to separate and get married again, it is not easy to do so because under current divorce law a former spouse has no right to defend their marital assets. Under current divorce law, only one party has to take the responsibility, even if both parties agree that a divorce cannot be prevented. To get a divorce finalized, either party has to allege physical abuse or adultery or desertion or the couple has to be legally separated for at least one year. In some states like California a divorced person has the right to remarry if they meet the requirements of the law. Under certain conditions too, a divorced person can apply for alimony or child support.
Many people decide to separate and divorce due to various reasons like children, financial problems, property and career changing circumstances. People choose this option when they are not able to reconcile themselves to their marital problems and the longer it takes them to achieve closure. There have been many marriages which were destroyed by irreconcilable differences and a divorce was the only viable option for both the parties. If both the partners agreed that it was best for them to separate, then a divorce should be possible. But, if one of the partners committed some serious acts of violence towards the other, then it might be difficult for them to get over the situation and live in harmony with each other.
There are several grounds for divorce under the Divorce Law, each of which carries its own set of rules and procedures. In order to initiate a divorce procedure, a spouse filing for divorce should make adequate proofs which justify their grounds for divorce. Grounds for divorce vary from one state to another. A common reason that is cited for divorce is impotency. According to American Divorce Association, almost fifty percent of all divorces are initiated because of impotency. The age of a male is considered more important in determining whether they are still eligible for marriage or not and the courts allow the men to file divorce proceedings against women if they cannot manage their own affairs.
The next type of Grounds for divorce is cruelty. There are different states in the US which consider cruelty as grounds for divorce. Among them, Florida is one state that requires a filing spouse to prove that the other party has been subjected to extreme cruelty. Examples of extreme cruelty include frequent verbal abuse, constant bodily injury and starvation. A Florida divorce case can comprise of many events such as the death of a spouse or child, continuous serious physical injury, confinement, excessive corporal punishment, sexual abuse, etc.
Another ground for divorce is Bad Behavior. Bad behavior is considered as grounds for divorce when one of the spouses is accused of committing adultery, desertion, cruelty, theft, or any other action that falls short of justifying a divorce. In divorce cases filed by Florida residents, the Bad Behavior ground is also applicable when one of the spouses is found to be having an attitude towards another person in such a way that it affects or negatively impacts the others’ moral growth and self respect. Such attitude can include forcing another to marry him/her, or forcing another to have sexual relations with him/her.
Adultery is also grounds for divorce when one of the spouses is charged with rape, sexual abuse, statutory rape, fornication, voyeurism, statutory rape or fondle. Florida divorce courts accept the argument that one of the spouses had sexual intention only for the purpose of getting married and later strayed and entered into a marital relationship with someone else. In this case, the spouse who strays is usually considered not guilty of adultery even though he/she was guilty of being in a sexual relationship outside the marriage. However, if the person who had strayed is proved to have married again, then he/she can be charged with second degree felony of marriage which carries a jail term. Thus, to learn more about grounds for divorce, contact a family lawyer who deals specifically in Florida Divorce Law.
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