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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]
Only three states: (Mississippi, South Dakota, and Tennessee) require mutual consent (in Tennessee, it is needed only in certain circumstances) for a no-fault divorce to be granted. [ 15 ] [ 25 ] [ 26 ] No-fault grounds for divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.
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]
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.
In Japan, there are four types of divorce: divorce by mutual consent, divorce by family court mediation, divorce by family court judgement, and divorce by district court judgment. [136] Divorce by mutual consent is a simple process of submitting a declaration to the relevant government office that says both spouses agree to divorce.
Chinese ancient law consisted of three types of divorce that were recognized: 1) Mutual consent; 2) repudiation of "seven grounds for men and three grounds for women"; 3) "intolerable acts against principles of conjugality." In 1981, the Chinese marriage law considered a different basis for marriage in order to prevent a divorce. [10]
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