Possible Grounds for Helen's Divorce
What are the possible grounds for divorce available to Helen?
Answer:
When caught cheating, a partner can be subjected to physical abuse, which can be grounds for divorce. In this scenario, Helen can seek a divorce based on infidelity, after discovering Hank's infidelity with her former best friend, Jamie. Helen can commence the divorce proceedings immediately after discovering the infidelity. A divorce can be granted once the adultery is established.
A divorce can be granted once cruelty is established.
Desertion: If one of the spouses intentionally abandons the other for a continuous period of at least one year, the abandoned spouse can commence divorce proceedings. In this case, there is no evidence that Hank intentionally abandoned Helen. So, desertion is not a viable ground for divorce.
Irretrievable breakdown of the marriage: If there is no reasonable likelihood that the marriage can be saved and the marriage has irretrievably broken down, either of the spouses can commence divorce proceedings. In this case, the irretrievable breakdown of the marriage is established by Hank's infidelity and abusive behavior towards Helen. A divorce can be granted after the court is satisfied that the marriage has irretrievably broken down.
Explanation:
Infidelity: One of the common grounds for divorce is adultery or infidelity. When a partner is caught cheating, it can lead to emotional distress and breakdown of trust in the relationship. In Helen's case, she caught her husband, Hank, cheating with her former best friend, Jamie. This betrayal can be considered as infidelity, which is a valid ground for divorce. Helen can immediately start the divorce proceedings after discovering the infidelity and once it is proven, a divorce can be granted by the court.
Cruelty: Another ground for divorce is cruelty or physical abuse. In the scenario provided, Hank punched Helen in the eye during an argument, which is not the first time he has been physically abusive towards her. This abusive behavior can be considered as cruelty, which is a valid ground for divorce. Once cruelty is established, a divorce can be granted by the court.
Desertion: Desertion occurs when one spouse intentionally abandons the other for a continuous period of at least one year. In Helen's case, there is no evidence that Hank intentionally abandoned her. Therefore, desertion is not a viable ground for divorce in this scenario.
Irretrievable Breakdown of the Marriage: If the marriage has reached a point where there is no reasonable likelihood of reconciliation and it has irretrievably broken down, either spouse can seek a divorce. In Helen's case, the combination of infidelity and abusive behavior from Hank has led to the irretrievable breakdown of their marriage. Once the court is satisfied that the marriage has irretrievably broken down, a divorce can be granted.