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Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. [1] Each state in the United States has its own set of grounds. [2] 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. [3]
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.
Adultery is the most common grounds for divorce. [1] However, there are countries that view male adultery differently than female adultery as grounds for divorce. [1] Before decisions on divorce are considered, one might check into state laws and country laws for legal divorce or separation as each culture has stipulations for divorce. [1]
In the United States, marriage and divorce fall under the jurisdiction of state governments, not the federal government. Although such matters are usually ancillary or consequential to the dissolution of the marriage, divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt.
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.
Divorce laws vary considerably around the world, [1] but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, [3] child custody, [3] alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.
[1] [2] Appeals are taken to the United States Court of Appeals for the Seventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). As of January 3, 2025, the acting United States attorney is Gregory M. Gilmore. [3]
Illinois Reports is the official reporter of the Illinois Supreme Court and the Illinois Appellate Courts. It is published by Thomson Reuters , under contract with the Illinois Supreme Court Reporter of Decisions .