Biblical Grounds for Divorce
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Separation and Divorce Information
Separation and Divorce Information Separation and Divorce Definitions The Legal Process of Separation and Divorce Divorce Mediation Child Support The Emotional Process of Divorce Selecting and Working with Professionals Children and Divorce Taking Care of Yourself During Separation and Divorce The Fairfax County Commission for Women 12000 Government Center Parkway Suite 339 Fairfax, VA 22035 703-324-5730; 711 TTY © 1991; Revised: June 1997, July 2004, August 2010 TABLE OF CONTENTS Introduction......................................................................................... 1 Separation and Divorce Definitions .................................................... 3 The Legal Process of Separation and Divorce................................... 7 Divorce Mediation............................................................................... 9 Child Support.................................................................................... 11 The Emotional Process of Divorce ................................................... 14 Selecting and Working With Professionals....................................... 16 Children and Divorce........................................................................ 19 Taking Care of Yourself During Separation and Divorce.................. 21 Attorney and Legal Service Referrals............................................... 24 Other Resources .............................................................................. 25 Introduction The Fairfax County Commission for Women developed this information -
Report by the Committee on Matrimonial Law the Association of the Bar of the City of New York
Report by the Committee on Matrimonial Law The Association of the Bar of the City of New York The Case for Amending the New York State Domestic Relations Law to Permit No Fault Divorces Harold A. Mayerson, Chair Eleanor B. Alter, Chair, Legislation Sub-Committee1 November 2004 1 The principal author of this report is Lawrence N. Rothbart. 1 Historically, New York has led the country in legal reform to ensure that its laws protect the welfare of its citizens. However, New York alone is stuck in the past when it comes to one of the most important components of our social fabric -- marriage. Every other state in the United States permits marriages to end without one spouse casting blame upon the other and rehashing the often harsh, painful and embarrassing reasons for the divorce. The fault requirements of the New York State statutes are more than just a reminder of outdated notions of marriage. They have significant financial and emotional costs. A trial on the issue of grounds often costs the litigants thousands of dollars in legal fees, as well as costing the legal system significant court time hearing the details of a marriage which is obviously dead, but may not be entitled to come to an end under the current law. Most troubling, the inability to get divorced may increase incidents of domestic violence and jeopardize the safety and well-being of the spouses. Since 1967 some portion of the Family Law Statutes of the State of New York (the Domestic Relations Law or the Family Court Act) has undergone major modifications approximately every ten years. -
Untying the Knot: an Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2004 Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, 38 U. Rich. L. Rev. 903 (2004), available at http://scholarship.law.ufl.edu/facultypub/205 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. UNTYING THE KNOT: AN ANALYSIS OF THE ENGLISH DIVORCE AND MATRIMONIAL CAUSES COURT RECORDS, 1858-1866 Danaya C. Wright * I. INTRODUCTION Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture' and the recognition of women's legal rights.2 In 1857, The United Kingdom Parlia- * Associate Professor of Law, University of Florida, Levin College of Law. This arti- cle is a continuation of my research into nineteenth-century English family law reform. My research at the Public Record Office was made possible by generous grants from the University of Florida, Levin College of Law. -
CRFR Briefing1final
CENTRE FOR RESEARCH ON FAMILIES AND RELATIONSHIPS RESEARCH BRIEFING NUMBER 6 October 2002 Divorce in Scotland Key Points l Divorce in Scotland has a distinct and long history with divorce available in common law since 1560, and the first statute in 1573. l Adultery and desertion were the only grounds for divorce until 1938 when other fault-based grounds were added. Support grew to move towards a no fault approach in the 1960s and 1970s. l The current law on the grounds for divorce is set out in the Divorce (Scotland) Act 1976, which created a single ground for divorce, namely, the irretrievable breakdown of a marriage. This can be proved by adultery, behaviour, desertion or non-cohabitation for 2 years, or if only one party consents, for 5 years. l In 2000, over three quarters of all divorces were granted on non-cohabitation grounds, compared with half that proportion less than twenty years earlier. l One of the most far-reaching features of family change has been the much greater likelihood of divorce than a generation ago, with divorce today socially commonplace. Divorce and separation, rather than death, is now the most common reason for a child not to live in the same household as both its parents. l Data on divorce is not the only indicator of relationship breakdown, since it will not reflect sepa- rations either in marriages where parties are not yet divorced, or the end of non-marital cohabitations. l Divorce is more likely for those who married young, especially as teenagers, who had cohabited before marriage, either with the person they married or someone else, who are unemployed or on low incomes, whose parents were divorced, or who were previously divorced themselves. -
Family Law Book
Yukon Department of Justice G u i d e to Family Law Justice Yukon Department of Justice Guide to Family Law 2004 © Yukon Department of Justice 2004 ISBN 1-55362-189-1 Editing: Liz McKee, RumKee productions Design and layout: Patricia Halladay Graphic Design Photography: Cathie Archbould This guide provides general legal information to people involved in separation or divorce proceedings. It is also a useful reference on child custody and access, and on child support or spousal support. This publication is not a substitute for legal advice from a lawyer and it does not provide advice on specific situations. The Yukon Department of Justice suggests that people with legal problems contact a lawyer for advice. Words in bold type are listed, with their definitions, in the glossary at the end of the book, along with other terms used in family law. The Yukon Guide to Family Law is based on the Family Law Guide developed by Family Justice Services Western, a pilot project in Corner Brook, Newfoundland. This guide is produced with the financial support of the Department of Justice Canada. It may be reproduced or quoted with appropriate acknowledgement of the Yukon Department of Justice. Acknowledgements The Yukon Department of Justice thanks Family Justice Services Western, and the Department of Justice, Government of Newfoundland and Labrador for permission to use their Family Law Guide as a starting point for this material. We also thank the staff in the Court Services and Legal Services Branches and the Law Line (the Yukon Public Legal Education -
Covenant Marriage
June 2011 ALSP Law Series Covenant Marriage: Separation and Divorce This fact sheet gives the steps you need to • Physical or sexual abuse of one of your get a covenant marriage divorce in children Arkansas. • Living separate and apart from you for at least 2 years It points out issues for you to think about and • Living separate and apart from you for at choices you will need to make. least 2 years and 6 months, if you have a child Every divorce starts with one person (the plaintiff) • Living separate and apart from you for at filing a complaint asking the court to grant a least 1 year, if you have a child and your divorce decree. The person who files the complaint spouse abused you or the child asking for the divorce is the plaintiff. The person who the divorce is filed against is the defendant. Grounds for Separation The grounds for separation in a covenant marriage To file for a covenant marriage divorce in are stricter than in a normal marriage. You must Arkansas: prove that your spouse committed at least one of these grounds to get a separation: 1. You must have lived in Arkansas for 60 • Adultery days before filing. • Felony or serious crime 2. You must attend marital counseling. • Physical or sexual abuse of one of your 3. You must state grounds. children 4. The grounds must have happened within the • Living separate and apart from you for at last five years. least 2 years • Constantly drinking alcohol for 1 year If your spouse does not want the divorce, then you • Cruel and barbarous treatment that is a have to prove each of these things in court and bring danger to your life a witness or a written affidavit to prove your • General indignities that make it intolerable testimony about the grounds and residency at the to continue being married final hearing. -
In Virginia, You Can Get a Divorce for Eight Reasons. Four of These
What are the reasons for a divorce? Who can file for divorce in Virginia? What is an annulment? In Virginia, you can get a divorce To file for a divorce your or your An annulment is a legal decree that for eight reasons. Four of these reasons spouse must live in Virginia for at least six a marriage is void. An annulment don’t require a waiting period: months before the divorce is filed. proceeding can settle the same issues of -adultery, sodomy, or buggery: A divorce is filed in the Circuit custody, child support, and alimony as a These are very difficult to prove and cannot Court, usually in the county or city in divorce. Annulments are only granted if: be used as grounds for divorce if you which you and your spouse last lived -either party was physically or continue to live with your spouse after the together, or where the defendant currently mentally incompetent act is committed. lives. The defendant is the person against -either party consented to the -your spouse’s conviction of a whom the divorce is filed. marriage under condition of fraud or felony and sentence to more than one duress year in prison. This can only be used as Can my spouse prevent me from getting -either party was a felon or grounds for divorce if you do not live with a divorce? prostitute without the other’s knowledge your spouse after they are released. -impotence Four reasons require a waiting Your spouse cannot prevent you -the wife was pregnant by another period of one year: from getting a divorce in the state of man without the husband’s knowledge -physical cruelty. -
Faithless Wives and Lazy Husbands: Gender Norms in Nineteenth Century Divorce Law
GW Law Faculty Publications & Other Works Faculty Scholarship 2002 Faithless Wives and Lazy Husbands: Gender Norms in Nineteenth Century Divorce Law Naomi R. Cahn George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Naomi Cahn, Faithless Wives and Lazy Husbands: Gender Norms in Nineteenth Century Divorce Law, 2002 U. Ill. L. Rev. 651 (2002). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Faithless Wives and Lazy Husbands: Gender Norms in Nineteenth Century Divorce Law Naomi Cahn* INTRODUCTION For six days in November of 1860, Judge Lott of the Brooklyn Supreme Court heard the divorce case brought by Alfred Beardsley against Mary Elizabeth Beardsley.1 Mr. Beardsley claimed that his wife had committed bigamy2 by marrying another man while she was still married to him. Mr. Beardsley produced the testimony of Father Malone, the Catholic priest who had performed this presumptive second marriage, as well as Thomas Mahon, the alleged second husband. The putative second husband told of how he had courted and wed Mrs. Beardsley, believing her, at the time, to be Miss Emma Evaline Seymore; Miss Seymore had represented not only that she was the daughter of a * Professor of Law, George Washington University Law School. Thanks to Richard Chused, Reva Siegel, Emily Van Tassel, Norma Basch, Dirk Hartog, Philip Hamburger, Susan Sterett, Lisa Lerman, Brian Bix, Ariela Dubler, Carolyn Lawes, Renee Lettow Lerner, and Jennifer Wriggins for comments, and to Stephanie Vo and Trisha Smith for research assistance. -
Divorce and Separation
What Should I Do If Served With Grounds for divorce in Pennsylvania can be either NO-FAULT or FAULT. Before you can file for di- vorce in Pennsylvania, you and/or your spouse must have resided in the state for at least six months. a Divorce Complaint? Then you must prove that there are grounds, or lawfully acceptable reasons, for a divorce. A divorce action is like any other lawsuit. It If a divorce is by MUTUAL CONSENT the matter will be ripe for the court to grant a divorce 90 begins with a complaint filed in court and Divorce & days after the service of the complaint on the other party and the subsequent filing of the parties’ served on the person against whom it is filed. Affidavits of Consent. If only one spouse wants a divorce and the parties have been living separate If you do not respond, the divorce may pro- and apart for at least two years or two years have passed since the filing of the divorce action, a di- ceed without you being represented or having Separation vorce may be granted if the court determines that the marriage is irretrievably broken. Both of these your rights protected. are NO-FAULT grounds for divorce. You should consult an attorney immedi- Before someone can obtain a FAULT divorce, two things must be proven. First, that he or she is ately upon receiving a divorce complaint. If “innocent and injured,” or not at fault, and second, that misconduct by the other spouse has caused you feel that you cannot afford an attorney, a breakdown of the marriage. -
What You Should Know About Divorce
What You Should Know About Divorce Introduction Beyond the considerable emotional pain, the end of a marriage is legally complex. This pamphlet reviews alternatives to divorce and failing these, the procedures for obtaining a divorce. Consult a lawyer if your marriage is ending. You will need sound professional advice to determine child custody, financial support, and make a fair division of the property of the marriage. Alternatives to Divorce Depending on your circumstances, you may wish to consider alternatives to divorce—marriage counseling, annulment or separation. Many couples try counseling from a marriage counselor, social worker or psychotherapist as an alternative to divorce. Such counselors are trained to help couples resolve differences. The counselor may be able to help you and your spouse learn communication skills and a better understanding of one another to prevent your marriage from failing. Marriage counseling can be useful when couples find their problems have begun to affect their compatibility with each other. Counseling may also keep a relationship with your spouse from worsening even if divorce is unavoidable. An annulment is a court ruling that a marriage was never legally valid. A marriage can only be annulled if there was a serious defect at the time of the marriage ceremony. In most states, marriages can be annulled if one of the parties was under age at the time of the marriage, if a spouse could not consummate the marriage, if consent was obtained fraudulently, or if the marriage was bigamous or incestuous. People also may seek annulments for religious reasons or because marriage caused a party to lose spousal support from an earlier marriage. -
The Family Law Review an Interim Report
Breakthrough Britain The Family Law Review An Interim Report Working Group Chaired by Dr Samantha Callan November 2008 About the Centre for Social Justice The Centre for Social Justice aims to put social justice at the heart of British politics. Our policy development is rooted in the wisdom of those working to tackle Britain’s deepest social problems and the experience of those whose lives have been affected by poverty. Our working groups are non-partisan, comprising prominent academics, practitioners and policy makers who have expertise in the relevant fields. We consult nationally and internationally, especially with charities and social enterprises, who are the the champions of the welfare society. In addition to policy development, the CSJ has built an alliance of poverty fighting organisations that reverse social breakdown and transform communities. We believe that the surest way the Government can reverse social breakdown and poverty is to enable such individuals, communities and voluntary groups to help themselves. The CSJ was founded by Iain Duncan Smith in 2004, as the fulfilment of a promise made to Janice Dobbie, whose son had recently died from a drug overdose just after he was released from prison. Chairman: Rt Hon Iain Duncan Smith MP Executive Director: Philippa Stroud The Family Law Review: Interim Report © The Centre for Social Justice, 2008 Published by the Centre for Social Justice, 9 Westminster Palace Gardens, Artillery Row, SW1P 1RL www.centreforsocialjustice.org.uk Designed by SoapBox, www.soapboxcommunications.co.uk 2 Contents Members of the Family Law Review 5 Executive Summary 6 Introduction 11 Section 1: Family Law in the UK today 14 1.1. -
Divorce in South Carolina Piecing It All Together
A COMPREHENSIVE GUIDE FOR DIVORCING COUPLES Divorce in South Carolina Piecing It All Together BY STEPHAN FUTERAL, ESQUIRE COPYRIGHT © FUTERAL & NELSON, LLC, ALL RIGHTS RESERVED Copyright Notice Divorce in South Carolina - Piecing It All Together A Free Guide for Divorcing Couples Stephan V. Futeral, Esq. © 2019 Futeral & Nelson, LLC, All Rights Reserved www.charlestonlaw.net ________________________ This book contains material protected under International and Federal Copyright Laws and Treaties. Any unauthorized reprint or use of this material is prohibited. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without express written permission from the author/publisher. i Foreword We all know that divorces happen far too often. For each new client I meet, I always explore with them the possibility of trying to save their marriage. In a few situations, I am happy to say that my clients were able to work out their differences and create a stable marriage. However, staying together is not always an option, particularly in cases where one spouse is abusive or unfaithful. Nothing in life prepares us for a divorce. For most people, the thought of getting a divorce is highly emotional and, in a word, scary. Everything appears to be at stake and, all at once, unstable - your finances, your relationship with your children, and the future of your family. Your head may be swirling with so many concerns at once. You may be looking for answers to set your mind at ease and to help you understand what you are facing in your divorce.