How to save married life
What You Should Know About Divorce
History of divorce: law in evolution
Until the seventeenth century, the only divorce was the divorce from the bed and the food granted by the ecclesiastical courts (church) to a wife before a proof of desertion or abuse. This type of divorce did not dissolve the marriage, nor can you remarry after that. Only death dissolved the marriage bond.
In England, after the reign of Henry VIII, an absolute divorce that dissolved the marriage bond and allowed that the new marriage could only be obtained by a special act of the Parliament. In Virginia, the courts had no authority to grant divorce. People seeking divorce had to stand for the legislature. It was not until 1841 that an absolute divorce could be obtained that allowed to remarry through a judicial procedure in Virginia. Subsequently, over time, additional grounds for divorce were allowed.
In 1960, Virginia presented its first experiment with the “no fault” of divorce, which requires separation for a period of three years. The original purpose of the statute was to recognize by law marriages that ceased to exist in fact. Since then, the separation period has gradually been reduced to only six months. It is hard to see that divorce was severely restricted worldwide, especially in predominantly Catholic countries. The animators will remember that there is a classic movie called “Divorce Italian-Style” from the 1960s, in which a man seeks to kill his wife because he can not divorce her to remarry.
Why do you need a lawyer?
Because there is no historical basis for divorce in common law, it is a legal creature. This means that legal requirements must be followed in every detail. Unless you are familiar with the laws and procedures that govern divorce in your state, you should hire a good family lawyer. In fact, even if you are familiar with the laws and procedures governing divorce, the emotional tensions and stress associated with separation and divorce make it difficult for people to make the right decisions. If we face these decisions, you should hire a lawyer with experience in family law to advise and advise you. For a more detailed explanation, see my article entitled “Why You Need a Divorce Lawyer”, available for free for your personal use through this site.
Reasons for divorce (in Virginia); Different Types of Divorce
There are two types of divorce in Virginia. A bed and boarding decree is a partial or qualified divorce under which the marriage bond is not completely dissolved. Under this type of divorce, the court decrees that the husband and wife must live perpetually separated in their persons and property. They are divorced for most purposes, but the marriage bond is not completely separate. Neither party is free to marry another person or have sex with another person. Such a later marriage would be biblical and such relationships would constitute adultery. On the other hand, in the case where the couple must reconcile and continue coexistence, they can ask the court to dismiss the divorce. The other type of divorce, the divorce of the marriage bond, dissolves the marriage bond and restores the individual as a bachelor so that the group can remarry.
You must show the reasons
Even if both the husband and the wife agree to the divorce, the motives or motives legally established must exist and be demonstrated with the satisfaction of the court.
How to save married life Reasons for divorce from bed and housing are (1) desertion or voluntary abandonment or (2) cruelty and reasonable forfeiture of bodily harm. Desertion is a unilateral cessation of cohabitation with the intention of remaining permanently separated in the mind of the aggressor. Separation by mutual consent is not desertion. Leaving the marital home for a weekend or a long weekend with the intention of returning is not desertion. On the other hand, if a spouse is forced out because of the other’s cruel acts, he is not guilty of desertion and can be granted divorce for cruelty. If a spouse was justified in leaving the marriage, he is not guilty of desertion.
How to save married life
Acts that tend to cause unsafe bodily harm and coexistence are the foundation of cruelty. If the conduct of a spouse is so scandalous that it can damage or endanger the mental or physical health of the other spouse, this may be cruel enough to establish grounds for divorce.