Common Grounds for Divorce

The “grounds for divorce” are the legal reasons you give the court for why you are seeking a divorce. Historically, divorcing couples needed specific reasons for getting a divorce. Generally, now that all states accept no-fault divorce, you only need to say you have irreconcilable differences.

The specific grounds for divorce and legal requirements vary by jurisdiction. To find out about divorce laws in your state, talk to an experienced divorce attorney for legal advice.

No-Fault vs. Fault-Based Divorce Grounds

In the past, it was much more difficult to get a divorce. Family courts would only grant a divorce if the spouse filing the divorce petition demonstrated grounds for divorce. Now, all states allow no-fault divorces, although some may require a period of separation or other conditions before granting the divorce. However, you can still state grounds for divorce based on one of the following acceptable grounds:

• Adultery
• Abandonment or desertion
• Incarceration or imprisonment
• Domestic violence
• Mental illness
• Substance abuse
• Extreme cruelty
• Impotence

One of the first things you should determine when you’re considering a divorce is whether you need to state any grounds for the divorce. Providing the reason for your divorce can help in limited situations. However, it could make the divorce take longer and put more stress on you and your family.

No-Fault Divorce and Irreconcilable Differences

Most married couples never claim the grounds for a divorce when they want to separate. A no-fault divorce requires no specific reason for the couple’s divorce. You don’t have to prove your spouse was to blame. In most no-fault divorces, you state that you and your spouse have irreconcilable differences.

You can also claim an irretrievable breakdown of the marriage. These terms are very broad and may cover many reasons why your marriage is no longer viable. You’re basically saying there are too many conflicts between you and your spouse that you cannot resolve. Common reasons couples want a divorce include extramarital affairs, financial problems, and changing lifestyles.

Some states require you and your spouse to separate for a certain length of time before you file, typically ranging from a few months to a year.

The Other Spouse Doesn’t Want a Divorce

If the other spouse does not want a divorce, they can contest the divorce filing. However, most states will grant a no-fault divorce even if the other spouse wants to stay together, though specific conditions or waiting periods may apply depending on the state. No-fault divorces are typically harder for your spouse to contest because there are no accusations and nothing to prove. If your spouse doesn’t want a divorce, the court will typically proceed based on the petitioning spouse’s assertion of irreconcilable differences or incompatibility.

Calling out the grounds for divorce can make the divorce process more complicated and messy. If you blame the divorce on something your spouse did, they have a chance to respond. Your spouse can contest the divorce or blame you for the divorce. This is all part of the public court record. Most couples want to avoid airing their dirty laundry in court. No-fault divorce is generally more private, less expensive, and takes less time.

When You Have Grounds for Divorce

Even if you don’t have to provide grounds for divorce, you can still claim legal grounds for your separation. In a fault divorce, you are citing your spouse’s specific actions as creating a reason for the divorce. Adultery is a common ground for divorce. In some cases, proving your spouse’s fault can have its benefits. These may include:

• Greater property division
• Getting spousal support/alimony
• It can affect the custody award
• Avoiding pre-filing restrictions, such as a required separation period

If you file for a fault divorce, you’ll need to prove to the court why your spouse is at fault. If you are claiming fault, be prepared for your spouse to dispute your claims. Your spouse can then present evidence that you were responsible for the divorce.

Common Causes for Divorce

Grounds for divorce are not the same as common causes of divorce. State laws establish legal grounds for divorce and when the court can grant a divorce decree. Causes of divorce have to do with why the couple wants to separate. Some of the most common reasons for divorce include:

• Money problems
• Lack of intimacy
• Lack of commitment
• Lack of communication

An Attorney Can Help During Your Divorce Process

To determine whether or what grounds for divorce you should claim, talk to a family law attorney. Your divorce lawyer can explain whether your state allows fault divorces or whether your only option is a no-fault divorce. If you have the option between the two, you’ll need to decide if you want to claim fault or not.

Getting a divorce can be an emotional and complicated process. Hiring a divorce attorney can help you untangle those rules and procedures. An attorney’s support makes it easier to understand your options and can help you through the divorce proceedings. Contact a local divorce lawyer to increase the odds of getting your desired outcomes.