Grounds For Devorce, grounds for dissolution of a marriage
Divorce is the dissolution of marriage. Marriage is an institution that is supposed to be for a life time however due to conditions beyond human control this institution is shaken and the law comes in to protect the affected parties. Not every misunderstanding can be a ground for divorce,the law provides grounds for divorce andthese are what am going to briefly take you through.
Adultery: Married parties have a duty to be faithful to one another if it's a monogamous marriage a man/ woman ought to remain with one spouse.In the event of unfaithfulness the affected spouse can petition for divorce as long as there's evidence.Adultery is a quasi criminal offence and the burden of proof is slightly higher than a balance of probabilities.
Domestic violence: marriage is supposed to be an institution of happiness the two parties ought to embrace love and care for one another.By the time domestic violence is involved it's an indication that all is not well,couples do get conflicts and sometimes fight but there are a times where it gets out of hand and one party is subjected to nothing but misery and pain.In such a situation the battered party(who is always the woman in most cases) can petition for divorce to dissolve the marriage absolutely.
Desertion: where it can be shown/proved that one of the spouses deserted the home for a period of two years,the other party can ask for a divorce.It should be noted that desertion doesn't include absence from home due to studies or work if it's in the knowledge and consent of the spouse.
Change of religion: where one spouse converts to another religion without the consent of the wife for instance. She can petition for divorce,the rationale is that the two people are one and ought to agree on basic things. Religion not only affects the spritual aspect of a person but even their perceptions and actions,different religions have different beliefs and this affects the other party if she has not consented.For example if the couple is a Christian and a spouse converts to Islam there are so many changes that will affect the other party for instance having four wives,failure to eat certain foods.
Marital rape: some jurisdiction consider marital rape as a ground for divorce,this ground has received
many criticisms considering the fact that consent is obtained at the altar/registry/any authorised place where the marriage is officiated.Unlike other grounds that can affect either party marital rape categorically affects the woman.Where the woman feels the marriage is unbearable because of marital rape she can petition for divorce.
In jurisdictions where marital rape is not an offence,one thing remains for a fact harm is suffered by someone and so the affected victim can still petition under the umbrella of domestic violence.
Partners should always first try out all the negotiation skills and solve issues amicably,divorce should only be
the last option if a marriage is to be dissolved. marriage is destined to be a life time contract.
Contributed by Aturinda Lenah a regular contributor to LA Law School Guide and legal consultant for Conservation Efforts for Community Development a member of Foundation for Environmental Education
Tags : Civil Procedure Family Law