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Grounds for divorce vary widely from country to country. Marriage may be seen as a contract, a status, or a combination of these.[9] Where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in some countries (such as Sweden,[10] Finland,[11] Australia,[12] New Zealand),[13] divorce is purely no fault. This means it does not matter what the reasons are that a party or parties want to separate. They can separate of their own free will without having to prove someone is at fault for the divorce. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce. This is the case, for example, in many states of the US, France and the Czech Republic.[14]
In some countries,[where?] when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.
According to this survey, husbands engaged in extramarital affairs in 75% of cases, and wives in 25%. In cases of family strain, wives' families were the primary source of strain in 78%, compared to 22% of husbands' families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.
Divorce was rare in early Roman culture but as their empire grew in power and authority Roman civil law embraced the maxim, "matrimonia debent esse libera" ("marriages ought to be free"), and either husband or wife could renounce the marriage at will. The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the 6th century.
Since no precedents existed defining the circumstances under which marriage could be dissolved, civil courts heavily relied on the previous determinations of the ecclesiastic courts and freely adopted the requirements set down by those courts. As the civil courts assumed the power to dissolve marriages, courts still strictly construed the circumstances under which they would grant a divorce,[126] and considered divorce to be contrary to public policy. Because divorce was considered to be against the public interest, civil courts refused to grant a divorce if evidence revealed any hint of complicity between the husband and wife to divorce, or if they attempted to manufacture grounds for a divorce. Divorce was granted only because one party to the marriage had violated a sacred vow to the "innocent spouse". If both husband and wife were guilty, "neither would be allowed to escape the bonds of marriage".[127]
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On another subject, if you are interested in a hilarious, heartwarming divorce book, check out Divorced Girl Smiling and/or FREE GIFT WITH PURCHASE by Jackie Pilossoph! It would really make a great movie, too!)
The online course is being offered over the summer. Many students are working full time or have moved home, therefore they are not able to go to the Media Resources Center in the university library to watch the films there. So that students can view the assigned movies, Professor Wang asks the library to upload their DVD copies of the films to the university's streaming server. The streamed films will be available to students through Brightspace for the duration of the summer semester only. Only students registered for the course will be able to access the films, and students will not be able to download or copy the films. Is this fair use?
Professor Soleway is teaching an online course on the depiction of divorce in popular culture. His course notes are posted online in Brightspace along with background readings and other course content. For a segment on divorce in popular film, Professor Soleway digitizes short clips from each of three movies: Divorce American Style (1967, Bud Yorkin), Kramer vs. Kramer (1979, Robert Benton), and The Squid and the Whale (2005, Noah Baumbach). He uploads the clips to the university's streaming server and embeds them in his course notes in Brightspace. 2ff7e9595c
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