Divorce Litigation


Divorce is a judicially administered process that legally
terminates a marriage and permits both to remarry. Before 1857 in Britain,
freedom to remarry could be obtained only by an act of Parliament following
a separation decree given by an ecclesiastical court on the basis of some
wrong, such as adultery or abandonment, done by the defendant to the
plaintiff.
In the past, almost every state divorce law required the plaintiff
to prove one of a number of recognized grounds for divorce, included
adultery and desertion, even when both spouses wanted the divorce. The
divorce system also required that the plaintiff be without fault, and
therefore a variety of fault-based defenses were ...

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spouses to
terminate their marriages with out proving grounds if both parties wanted
the divorce. Such divorces were obtained by having the plaintiff in effect
lie about the grounds without objection from the defendant.
A divorce reform movement took place in the early 1970's in the
United Kingdom and the Untied States. The movement was initiated by a
group, assembled by the archbishop of Canterbury, who proposed a single,
no-fault ground that required a judge to grant divorce if he or she finds
the marriage is irretrievable broken. The notion of irretrievable
breakdown was promulgated in the United States by the Uniform Marriage and
Divorce Act. ...

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PAPER DETAILS
Added: 3/28/2004 06:14:11 PM
Category: Legal Issues
Type: Premium Paper
Words: 289
Pages: 2

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