What Are Some Common Grounds For Divorce?
Before you file for divorce, you have to know first what grounds for divorce will make your case prosper. You must also take note that the grounds for divorce may vary in each state and from country to country. Divorce is generally classified into two:
No-fault divorce and
Fault divorce.
A no-fault divorce is the most common. In this type of divorce, the couple agrees that they no longer wish to be married. You do not need to prove that your spouse is guilty of any wrongdoing. All that is necessary is to prove your marriage can’t survive because of irreconcilable differences. Majority of divorce proceedings nowadays fall under this category.
A fault divorce, on the other hand, is a divorce on the grounds that one party is at fault. However, you must know that not all states allow this at present. You should check what the allowable grounds are in your state.
Understanding the Grounds for Divorce
You have to be married or in a civil partnership for at least one year before you can file a divorce petition. Legally, a divorce is granted because the marriage or civil partnership cannot be repaired. You can prove this by citing any of the following reasons:
Adultery: Adultery is one of the most common grounds for divorce and also one of the most difficult to prove. You need to present proof of your claim, especially if your spouse will not acknowledge that he committed adultery. And using adultery as a ground for divorce can be very unpleasant and confrontational.
Unreasonable behaviour: Unreasonable behaviour covers all sorts of behaviour that makes living together already impossible. It includes cruelty or persistent violence, insanity, or physical incapacity.
Desertion/abandonment for a period of at least two years: Desertion or abandonment means that your partner has left you without your consent and you have been living apart for at least two years. The period of desertion must be continuous. This ground for divorce is not used very often but can be granted if both parties agree.
Two years separation – with consent: Two years separation – with consent means that you have decided to end the marriage but still live in the same property together. It is possible for two people to continue to live in the same place, but to carry on totally separate lives. This will be determined by your living arrangements such as sleeping, eating, and paying bills.
Five years separation – no consent needed: If your spouse won’t agree to a divorce and you don’t have other grounds, you may have to wait until you have been apart for five years and then use this length of separation as a ground.
In some states, confinement of a spouse in prison for a certain length of time during the marriage can be a ground for divorce. You may want to make use of this ground if such is the case for you.
