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Divorce laws have changed a great deal over the last few centuries. [10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule. [11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. [12]
The road to Reno: A history of divorce in the United States (Greenwood Press, 1977) Chused, Richard H. Private acts in public places: A social history of divorce in the formative era of American family law (U of Pennsylvania Press, 1994) Griswold, Robert L. "The Evolution of the Doctrine of Mental Cruelty in Victorian American Divorce, 1790-1900."
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. [2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.
Divorce can be sought by a husband or wife on grounds including adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy. [165] Divorce is also available based on mutual consent of both the spouses, which can be filed after at least one year of separated living.
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] 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.
One example (there are more): "Ultimately, at least one spouse might make sacrifices based on a long-term commitment to the marriage, then the grounds for divorce should shift to mutual consent.[6] The sacrifice is a cost of change.[6] With the changes in the parties circumstances, the grounds for divorce would change to mutual consent.[6]
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