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A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. [8] For example, in Texas, grounds for an "at-fault" divorce include cruelty, adultery, a felony conviction, abandonment, living apart, and commitment in a mental ...
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.
The Attorney General appealed that decision too, but on January 7, 2011, the Third Court of Appeals in Austin, in the case of Texas v. Naylor held that the state had no right to intervene in the case, to challenge the divorce on appeal. [56] The case is pending before the Texas Supreme Court. Oral arguments took place November 5, 2013. [53] [54 ...
Many states allow for couples to file for a summary divorce based upon a jointly filed divorce petition. A summary divorce means the spouses have discussed the terms required by state law to issue a divorce and they have reached a mutual agreement. Almost every state allows for this type of "uncontested" divorce. [83] [84] An uncontested joint ...
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication . In the colloquial sense, a petition is a document addressed to an official and signed by numerous individuals.
In the Matter of the Marriage of J.B. and H.B. was a case arising from a divorce petition filed by a same-sex couple in Texas. They had been married in Massachusetts. A Texas Family Court granted the petition, holding that Texas's Proposition 2, which prohibited the court from recognizing a same-sex marriage, violated the due process and equal protection guarantees of the Fourteenth Amendment ...
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