Grounds For Divorce
The legal reason given for a divorce is called the grounds for divorce. The allowed reasons will vary depending on your state of residence.
However some of the more typical grounds for divorce will be discussed here. Also bear in mind that some of these are normally used as the basis for fault-based divorce while others are used in a no-fault divorce. As implied by the name, fault-based divorce requires that you prove that your spouse was to blame for the break up of the marriage while no-fault does not.
Abandonment. A common reason for fault-based divorce occurs when your spouse has abandoned you for a certain amount of time. The minimum time of physical separation depends on your particular state. This time period must be continuous which means that you can’t add up the time periods of several smaller periods of separation. Refusal to provide financial support or to have sexual intercourse are also considered by some states to be abandonment.
Adultery. Adultery is the voluntary sexual intercourse by a married person with someone who is not their marriage partner. It is also used in fault-based divorce. Unless an eyewitness or photographic evidence is available, adultery can be very difficult to prove since all you will have is circumstantial or indirect proof. A good deal of additional evidence (demonstrating inclination and opportunity) that support your accusation will be required before it can be considered grounds for divorce.
Cruelty. This is yet another common reason stated for fault-based divorces. Cruelty is an act that endangers the physical or mental health of a person. Note the use of the word “endanger” here. A simple argument or incompatibility does not endanger a persons health. Cruelty is abusive behavior, such as physical violence, constant criticism and belittlement or incessant yelling and rage.
Imprisonment. Some states allow imprisonment and even a criminal conviction without prison time as grounds for divorce.
Irreconcilable differences. There are some marriages that should never have been. Incompatible personalities, lack of any common interests, indifference about the emotional needs of the other, constant resentment and antagonism toward the other are all hallmarks of the marriage with irreconcilable differences. Because it is the result of a bad match, no individual is at fault and hence is grounds for a no-fault divorce.
Alcohol or substance abuse. Without doubt, alcohol and drug addiction destroy lives. Depending on the severity, it can lead to job loss thus resulting in an inability to support the family. The drug addict or alcoholic can experience personality changes and become abusive. With time he will take down himself as well as those that depend on him. The requirements of marriage are varied and demanding. Because the alcoholic or drug addict is poorly equipped to handle these challenges, it is no surprise then that this is a very common reason for a fault-based divorce.
Other grounds for divorce include irretrievable breakdown of the marriage, mental illness, impotence, and bigamy.
To reiterate what was mentioned above, each state has their own set of requirements. So to get the specific grounds for divorce for your particular state, seek the advice of a local divorce lawyer.
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