A recent study looked at more than 5 million divorces that took place over the past forty years. While adultery used to be the most frequently given reason for a divorce, this new study says that the top cause of today's divorces is unreasonable behavior. What exactly constitutes unreasonable behavior? A considerable range of actions, apparently. Some instances of unreasonable behavior included a woman saying that her spouse had a habit of wanting her to feel guilty whenever she went out to spend time with her friends, just because he himself did not like to go out. Another divorcee said that their spouse began to cross-dress and wanted to pursue a sex change. One spouse was said to have taken out the family's entire savings, the rough equivalent of $65,000, and to have set it all on fire in a bedroom.
That is the behavior. Here is a breakdown of the study itself. The Co-operative Legal Services, a U.K. company, looked at divorces that had been filed from the 1970s to today. Back in the 70s, it was found that 29 percent of couples cited adultery as the grounds for their divorce, while unreasonable behavior was named in 28 percent of cases. Compare that to today, when unreasonable behavior has superseded infidelity as a grounds for divorce. Today, 15 percent of divorces sprang from adultery, whereas a substantial 47 percent of divorcees split because of unreasonable behavior.
So how does the grounds for divorce affect the process? Well first of all, it depends on where you live. Some states allow for a no-fault divorce, which means the only grounds you have to provide for a divorce is that there are "irreconcilable differences" in your marriage. No one has to be blamed for the marriage disintegrating, and only one spouse has to file the petition.
Then there are some states where you could pursue a no-fault divorce, but you can pursue a fault divorce all the same if you so choose. In New York, for example you could file for divorce and cite adultery as the cause. Other grounds for a fault divorce in this state would include domestic abuse (either physical or emotional), one year or more of abandonment, or incarceration for three year or more straight years after you were married.
A fault divorce can be highly contentious, as well as extensively prolonged, so be prepared for what it could take to achieve this divorce. Separation is another way you could get divorced. This would simply mean that you get a court-ordered separation that lasts a year or more, and both spouses upheld the separation agreement (and can prove it). Or you can show that you both signed a written agreement of separation, a separation that lasted at least one year, and again, you can prove that you both upheld your end of the separation.
When you are getting a fault divorce, this is when the reason for the split comes into play. For example, if you cite adultery as the grounds for divorce, then this can affect alimony in many places. In a few states, such as Texas, adultery can further affect the division of property. And while adultery may not affect child custody, at least not in a direct manner, if domestic abuse is the grounds for your divorce, then this can definitely affect such rulings by a court.
As you can see, even though the decision to divorce can be a straightforward albeit stressful one, the process itself can be highly complex. In order to protect you and your family's rights, you will want to work with a qualified divorce attorney who is committed to helping you successfully face the future. Find out if you have grounds for divorce in your state, and how this could affect the process. Contact an excellent divorce attorney today!