GROUNDS FOR DIVORCE. This Agreement shall remain in effect only if the grounds for Divorce are due to the following: (check all that apply)
GROUNDS FOR DIVORCE. Irreconcilable differences, the irretrievable breakdown of the marriage, and incompatibility of temperament have led to the irremediable breakdown of the marriage with no possibility of reconciliation.
GROUNDS FOR DIVORCE. The divorce shall be granted on the grounds of insupportability.
GROUNDS FOR DIVORCE. This Agreement shall remain in effect only due to the following grounds for divorce: (choose all that apply) ☐ Irreconcilable differences. ☐ Alcoholism/drug addiction. ☐ Adultery. ☐ Prison sentence. ☐ Other: .
GROUNDS FOR DIVORCE. This Agreement shall remain in effect only if the grounds for Divorce are due to the following; Irreconcilable Differences - the irretrievable breakdown of the marriage and incompatibility of temperament led to the irremediable breakdown of the marriage with nı possibility of reconciliation. Adultery - by either spouse Prison sentence - of equal or greater than months for either spouse. Alcoholism/Drug addiction - of any legal or illegal substance. If contested, a licensed physician shall be the ultimate 3rd party to verify and certify such claims. Other: _________________________________________________________
GROUNDS FOR DIVORCE. This Agreement shall remain in effect only if the grounds for Divorce are due to the following: (check all that apply) ☒ - Irreconcilable Differences. The irretrievable breakdown of the marriage and incompatibility of temperament led to the irremediable breakdown of the marriage with no possibility of reconciliation. ☐ - Adultery by: (check one) ☐ - Husband ☐ - Wife ☐ - Either Spouse ☐ - Prison sentence of more than ____ year(s), suspended or not suspended. ☐ - Alcoholism/Drug Addiction of any legal or illegal substance. ☐ - Other. _______________________________________________________.
GROUNDS FOR DIVORCE. A marriage shall be dissolved by divorce or legal separation in the Tribal Court, upon petition by one or both of the parties to the marriage, if:
(1) At the time the action is filed, at least one (1) of the parties has lived within or has been domiciled within the Court’s jurisdiction for the preceding ninety (90) days, or has significant connections with the Chippewa-Cree Tribe;
(2) The Court finds that the marriage is irretrievably broken;
(3) To the extent that it has jurisdiction to do so, the court has provided for child custody, child support, support of either spouse, or a deposition of property. The Court may provide a separate, later hearing to complete these matters.
GROUNDS FOR DIVORCE. Nothing in this Agreement shall be construed as a waiver by either party of any ground for divorce that either of them may now or hereafter have against the other. The Parties acknowledge that they may pursue divorce on the grounds of mutual consent, regardless of whether they are living apart or together, provided they satisfy the requirements of Maryland law.
GROUNDS FOR DIVORCE. 1. When client enters, discussion should begin with no-fault divorce rule, process, court appearances. Things to explain include:
a) property division
b) alimony/maintenance
c) custody/child support
2. at common law, party had to be free of fault to bring an action of divorce against spouse. Mutual consent was not allowed.
3. UMDA represents original “no fault” divorce rule (CB 681):
a) marriage must be “irretrievably broken” – parties have lived apart for one hundered and eighty days preceding suit or there is serious marital discord adversely affecting their attitude towards marriage
b) if one party denies marriage is irretrievably broken, court may consider all relevant factors, and can continue case and order a conciliation conference.
c) 33 states have such a rule. See I.C. 598.17
4. Period of separation due to marital difficulties is strong indicia of irretrievable breakdown. (Xxxxxxxxx)
5. Whether differences are irreconcilable depends on subjective state of mind of parties. Only one spouse needs to demonstrate an unwillingness to continue relationship. (id.)(Xxxxxxx – W willing to go on but H would rather be an alcoholic)
6. Chief concern is whether a meaningful marriage exists or can be rehabilitated (Xxxxxxx). This could be shown by acknowledgement of both parties or by evidence presented by only one party. (id.)
7. Continuance is favored over denial where proof of breakdown is doubtful, and dissolution should be granted if reconciliation fails (id.)
8. Modern statutory test is whether marriage is for all intents and purposes ended, regardless of cause or fault (id).
9. Traditional grounds for divorce included:
a) desertion: voluntary separation of one spouse from the other, with intent not to resume marital cohabitation, without consent of the other spouse, and without justification
(1) also exists constructively if conduct is such as to force other spouse to leave home
b) cruelty
(1) should be a course of conduct, not a single act unless particularly extreme
(2) must have effect on P’s health
(3) is determined subjectively through traits of victim
c) incompatibility: conflicts in personality and disposition so deep as to make continuing a normal relationship impossible, as parties can no longer live in harmony.
10. Traditional defenses to divorce included:
a) collusion – agreement b/t parties that one of them will not defend suit or will appear to have committed an offense to the marriage
b) connivance – plaintiff consents to commission of mari...
GROUNDS FOR DIVORCE. Our marriage is irretrievably broken. The Respondent and I can no longer live together and there is no hope that we will get back together.
