Tuesday, November 17, 2020

What are the Legal Grounds for Divorce?

Like so many areas of law, the legal grounds for divorce can vary from state to state.

While there are many reasons why couples who vowed to stay together in sickness and in health, for richer and for poorer... decide to end their marriage, the law acknowledges only certain legal grounds for divorce.  Some of the grounds for divorce, again depending on the jurisdiction, may include:

  • Unreasonable behavior – mental disorders, harassment, bullying, violent tendencies or cruelty, and abuse.  That a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.
  • Adultery or infidelity – one or both spouses committed adultery and forgiveness or giving another chance is not an option.
  • Criminal conviction and/or imprisonment.
  • Dissertation – one spouse has left and lost contact for over 5 years and not showing any sign or intention of going back home.
  • Separation with consent – couples that agreed to live separately for two years or more and consider their relationship as over and done.
  • Separation without consent – a couple living separately for five years or more.
  • Mental incapacity at time of marriage.
  • Mental or physical abuse

Check your state laws to be sure, but these are the most common grounds for divorce across various states.

No-fault divorces are more common and are typically faster and simpler forms of divorce proceedings. Since there is no burden of proof, the proceedings and/or trials tend to be quicker and less expensive than their counterparts.

No comments: