When a couple goes into divorce proceedings, the court requires them to provide a legally valid reason to terminate their marital union. So this means if you’re considering divorcing your husband or wife, you have to provide a lawful ground(s) for dissolving your marriage and not just a petty reason because the judge may not approve your case.
So take time to read this article as we’ll find out more about the legally acceptable reasons for filing a divorce.
‘Grounds For Divorce’ Defined
The legal grounds for divorcing your spouse are basically the reasons presented to the court to justify your cause for filing a divorce and why the judge should grant your appeal for canceling the marriage.
The grounds may vary from one legal jurisdiction to another, but these are the common reasons are usually classified into 2 categories: the at-fault divorce and no-fault divorce.
Here are the common legally acceptable grounds for filing an at-fault divorce:
Cheating Or Adultery – If your husband or wife has engaged in an illicit and adulterous relationship with another individual outside of marriage, then it can serve as a valid reason for filing a divorce.
Bigamy – If your spouse married another person and you’re still legally married to him or her, the second marriage is considered illegal and unlawful and can also be cited as a ground for dissolving your marriage.
Desertion Or Abandonment – Whenever your spouse physically abandoned you, your family, and your property for at least 1 year without valid reason whatsoever or any intention of returning back, then it can serve as a lawful basis for filing a divorce.
Mental Illness Or Mental Incapacity – If your husband or wife has exhibited abnormal behavior or is suffering from any form of mental illness at the time of marriage, then his or her condition can also be considered as a basis for divorce since it impedes their ability to perform their duties as a wife or husband.
Typically when this reason is cited, the mental condition should be proven prevalent for a significant amount of time. Other than that, it should be incurable, depending on the legal jurisdiction you are filing.
Incestuous Marriages – If you married a close relative or a first-degree cousin, then your marriage is considered illegal depending on the laws of the state, and has to be divorced as it is considered a crime.
Impotence – If you or your husband or wife is incapable of producing or conceiving a child, or is unable to copulate, it can also be seen as a legal ground for filing a divorce.
Fraud – If your marriage is obtained in an illegal manner, or if you are forced to marry your spouse, the court will accept it as a legal ground for filing a divorce.
Incarceration – If your spouse is serving a sentence in prison, it can also be cited for terminating the marriage since he or she won’t be able to fulfill his or her marital duties.
Domestic Violence – If your spouse is abusing you or your children in a physical, mental, emotional, or sexual way, it can also be accepted as grounds for divorce.
The domestic abuse can be a specific instance or long-term in most US states. So if you live in Woodland Hills, for instance, then you need to seek the advice of a divorce lawyer in Woodland Hills who is an expert on this matter.
Substance Abuse – If your husband or wife is addicted to alcohol or drugs, it could be cited as a valid ground for filing a divorce. However, you are required to prove before the judge that your spouse’s addiction started after your marriage and that his or her condition started after your union and that it lasted for a significant period during your marriage.
Just remember, you are required to produce proof to justify the reason you have chosen for filing a divorce. For example, if you have cited adultery as the ground for your divorce, then you’re required to show tangible proof of evidence before the court because basing your claim on just a strong suspicion will definitely be insufficient.
On the other hand, here are the legal grounds that are usually considered as reasons for filing a no-fault divorce:
– Incompatibility
– Irreconcilable differences
– Irretrievable breakdown
Basically, these grounds being mentioned only mean that you and your partner have very serious differences which affected your marriage to the point that it is already beyond repair. No party is at fault, and yet either one of you wants to have a divorce.
Moreover, a no-fault divorce is much faster (and cheaper) than an at-fault divorce since you don’t have to prove anything. Hence, the trials are quicker.
When You’re Required To State Your Valid Grounds For Divorce?
You’re required to cite your grounds whenever filing for an at-fault divorce. And along with your reason, you also have to prepare hard proof to justify this reason in court, which will be tackled during the trials. Doing this will lead to benefits such as greater rewards in assets, the custody of your children will be awarded to you, and avoid pre-filing restrictions (ex. required period of separation from your spouse).
When You’re Not Required To State Your Valid Grounds For Divorce?
On the other hand, you won’t be required to state your grounds if you’re going to file for a no-fault divorce since you don’t have to prove that your spouse committed a fault that caused your marriage to be terminated.
In these cases, you’ll only need to state that the marriage is already “irretrievably broken” and you’ll only have to specify any of the 3 grounds stated above. Though the terms may be broad, you’re simply stating that you and your spouse are having many conflicts, particularly concerns about your finances, children, diverging lifestyles, and others that can’t be resolved anymore.
No-fault divorce cases are harder for your husband or wife to contest since no accusations are stated and nothing has to be proven. Although, some jurisdictions may require you both separate for a specific period between several months to 1 year before filing for the divorce proceedings.