Book Opener

Grounds for DivorceThe grounds for divorce vary among the states. Figure 32.1 summarizesthe divorce laws of different states.No-Fault DivorceAlmost all states have a no-fault divorce law, which eliminates theneed to prove that one party is to blame. States give different names tothe breakdown of the marriage relationship, including incompatibility,irretrievable breakdown, and irreconcilable differences.The Uniform Marriage and Divorce Act, which has been adoptedby Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana,and Washington, has eliminated the traditional grounds for divorcein favor of the no-fault approach. In these states, the procedure isreferred to as a dissolution rather than a divorce, and the grounds for adissolution is called irretrievable breakdown.A few states have for many years allowed divorce on the grounds ofincompatibility. One spouse does not have to prove that the other spouseis at fault. All that is required is evidence indicating that the couple hasa personality conflict so deep that there is no chance for a reconciliation.Many states require that you live apart from your spouse for a periodof time before a divorce is allowed. Reconciliation bureaus have beenestablished in some states in an attempt to reunite couples and save marriages,and various states have established procedures for couples toseek reconciliation. Some states have enacted simplified dissolution ofmarriage procedures that end marriages quickly, often without the needfor a lawyer.Traditional Grounds for DivorceThe grounds for divorce vary from state to state. In most states, however,you only need to prove that the marriage relationship has brokendown to get a divorce.Alcohol AbuseAs you learned in thischapter, alcoholism isgrounds for divorcein most states. Thisdisease affects millionsof Americans. A personwho is dependanton alcohol suffersincreased risks forcancer, heart disease,liver disfunction, anddepression. Did youknow that manyteens suffer fromalcoholism? Whatcan you do if yoususpect that one ofyour friends suffersfrom an alcoholrelatedproblem?Get involvedLearn the signs thatindicate a potentialproblem with alcohol.Volunteer at a teencrisis center thatspecializes in chemicalabuse issues.Adultery Having a voluntary sexual relationship with someone otherthan your spouse is called adultery . It is a crime in some states, inaddition to being grounds for divorce. Because of its private nature,adultery is most commonly proven by circumstantial evidence (evidencethat is indirect). It is often proven by showing the person charged hadthe opportunity to commit adultery and the inclination or tendency todo so. Establishing these two elements is usually enough for a court togrant the complaining party a divorce. However, criminal adultery mustbe proven beyond a reasonable doubt.Chapter 32: Divorce and Its Legal Consequences 695