Grounds for Divorce
Posted on Feb 1, 2011 6:00am PST
Although you may be considering a divorce, you may not be familiar with the legal grounds for declaring one.
There is no easy way to define the legal grounds for divorce as it varies from state to state. In many states you will have to declare a fault or no-fault divorce, meaning one party will place the blame on the other party or both claim no fault. The no-fault claim is available in all fifty states while the fault claim is given as an option in many states.
If you claim a no-fault marriage you can cite reasons such as "incompatibility" or "irreconcilable differences" for your divorce. You can also prove your intent for divorce if both parties have lived separately for a long period of time (which can vary from state to state) with the belief that the separation would eventually become permanent.
However if you choose a fault-based divorce there are dozens of reasons that would be considered legal, again, varying by state. These include but are not limited to: desertion, use of addictive drugs, attempted murder, mental cruelty, infection of one's spouse with a venereal disease, impotency, physical cruelty, adultery, insanity and habitual drunkenness.
Have you exhausted all options in your marriage and are now considering divorce? If so, you are not alone. Protect yourself by hiring a family lawyer today.