In a ground-based divorce jurisdiction, what must a party prove if the grounds are: (a) adultery, (b) desertion/abandonment, (c) cruelty, (d) habitual drunkenness or drug abuse, and (e) criminal conviction and incarceration

What will be an ideal response?


(a) Adultery: that there is evidence of an "adulterous disposition" shown as public displays of intimacy observed by others, e-mails and other forms of correspondence referencing sexual activity, unexplained absences and travel, and contracting a venereal disease;
(b) Desertion/abandonment: the party must show that the defendant spouse deliberately and without consent left the martial relationship with no intention to return, and that the absence has continued for a statutory period of time; (c) Cruelty: atrocious or severe, cruelty usually involves a course of conduct although a single act may be sufficient under statute; includes acts of both physical violence and reasonable apprehension thereof; (d) Habitual drunkenness or drug abuse: usually a statutory period of "gross and confirmed habits of intoxication," "habitual intoxication" and "habitual drug addiction"; (e) Criminal conviction and incarceration: an offense that involves "moral turpitude" with statutory requirements for length of incarceration.

Legal Studies & Paralegal

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