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Grounds for divorce (United States)
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Grounds for divorce (United States) : ウィキペディア英語版
Grounds for divorce (United States)

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce.〔(【引用サイトリンク】url=http://definitions.uslegal.com/g/grounds-for-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.
The United States allows a person 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 a form of 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 the state. Neither party is hold responsible for the failure of the marriage. On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage. Several grounds for fault divorce include adultery, cruelty, abandonment, mental illness, and criminal conviction.
There are, however, additional grounds that are acceptable in some states such as drug abuse, impotency, and religious reasons.
While there are various grounds for divorce across the United States, there are also defenses that can be raised in response to many divorce claims.
These defenses include proving that the accused spouse was not actually at fault, that the spouses were not separated for the required period of time, or that there is still a chance of reconciliation.
== History ==
Divorce laws have changed a great deal over the last few centuries.〔(【引用サイトリンク】url=http://www.edivorcepapers.com/divorce-in-america/history-of-divorce-in-america.html )〕 Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule.
Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. During colonial times, grounds for divorce were more limited in scope, both in terms of which grievances could qualify as grounds and in terms of who was able to use them.
In the 18th century, such concerns as infidelity, alcohol abuse, mistreatment, abandonment, and impotence were among the few reasons that could qualify as grounds for divorce.〔 For much of America’s history, wealthy men were the people most able to seek and to receive a desired split.〔 By the 1960s, however, women and citizens of fewer means found the conditions for seeking divorce more accessible.〔 At this time, the law required that one partner be ''at-fault'' in order for the couple to pursue the termination of their marriage.〔
This constraint arose out of the desire to ensure that all of the bases for divorce be adequate.〔 Prior to this, people used such issues as incompatibility or a decline in lucidity as grounds; the court eventually came to see these problems as not severe enough to warrant divorce, however.〔 In the 1970s, no-fault grounds gained favor in many states,〔 and in 2010, New York became one of the last of the fifty states to allow no-fault divorces even in cases where there was no mutual consent to the divorce. The other states still requiring mutual consent for no-fault divorce are Tennessee (except where there are no minor children and the couple have lived apart for two years), Mississippi, and South Dakota.〔http://www.kdlt.com/news/local-news/sd-house-votes-down-unilateral-nofault-divorce-proposal/31488202〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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