What Are The Grounds for Divorce?
At one time throughout the US, couples that wished to end their marriage had to provide a reason or what is known as the grounds for divorce, which is the legal basis the court should allow a dissolution of your marriage. A divorce lawyer will help you determine what the grounds for divorce are. In this type of divorce, the person seeking a divorce due to different grounds could receive a divorce due to the guilt of the other spouse.
Today, 35 states allow a fault divorce while the rest have what is known as a no-fault divorce. The big difference is that in a no fault divorce there is a mandatory separation period before the no-fault divorce will be granted. It would be an intelligent decision to hire a skilled divorce attorney specializing in your state, as the laws of divorce do vary from state to state.
Some of most common grounds for divorce in fault states include adultery, cruelty, abandonment, confinement in prison, physical incapacity, and incurable insanity.
If a person wants a divorce on the grounds of adultery, unless the guilty spouse will admit to adultery, it can be very difficult to prove. In order to receive a divorce of the grounds of adultery it must be proven. This can be a very long divorce proceeding, but with a qualified divorce attorney, it is possible.
If you were the victim of cruelty in your marriage you may wish to file for a divorce as cruelty as the grounds. In this case, your spouse must have been either physically, emotionally, or mentally abusive. In order to receive a divorce with cruelty as the grounds, you will once again need the proof that your spouse was cruel. You should have medical records to show your side of the case.
The other grounds, which include abandonment, confinement in prison, physical incapacity, and incurable insanity, are pretty easy to prove and in the majority of cases, the divorce proceedings will go smoothly, especially with the assistance of a skilled divorce attorney.
No matter what grounds you may be wishing to seek for your divorce, it would be in your best interest to talk with an experienced divorce lawyer
in your state as each state differs in their laws regarding grounds for divorce.