Divorce Cases Exemplifying State Laws

Divorce Cases Exemplifying State Laws

Divorce proceedings hardly ever bode well. It makes it even more difficult when your divorce case is through a court of law in a particular state of America. Every state has their own laws for grounds of divorce to be granted. Below, we take a look at three divorce cases that have become the epitome for state divorce laws!

#1 – William Diemer v. Gilberte Diemer (1960)

Mrs. Diemer was a Roman Catholic and her husband was a Protestant. After a consultation with her priest, Mrs. Diemer demanded that Mr. Diemer renew their marital vows in a Roman Catholic church or else she would deny him any kinds of sexual relations. The courts denied a legal separation and Mrs. Diemer acquired full custody of their child.

The divorce laws in New York in the 60s had been the same since 1787: Divorce was only granted on grounds of unfaithfulness on either spouse. During 1966, in order for a divorce to be granted, seven grounds stated in the Domestic Relations Law were implemented. A couple had to cite any one of those seven reasons in order to be granted a divorce.

#2 – Orr v. Orr (1979)

Mr. Orr filed a lawsuit in the United States Supreme Court stating the Alabama alimony law was based on gender discrimination and it was unconstitutional. The Alabama alimony law at the time stated that only men were required to pay alimony during divorce proceedings. Naturally, this legislation was now frowned upon. Now, both parties to the divorce proceedings are required to pay alimony based on the length of the marriage.

#3 – McCarty v. McCarty (1981)

In the U.S Supreme Court of California, Mr. McCarty argued that the law of the equal right to all communal property barring separate property of each spouse should not include his military retirement fund. He asked the court to keep his army pension as a separate property. Due to state and federal law differences, the Uniformed Services Spouses Protection Act has implemented dependant on state rulings.

Do you think there are other divorce cases which have set new precedents?

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