What are the different types of grounds for divorce?

I always need to start these informational blog posts with a reminder that this is in no way intended to be used as legal advice. I like to bring up topics you might find helpful and might not have thought to review, but this is by no means a comprehensive study of the topic. You’ll definitely want to speak with a legal professional about these matters and if they might affect the divorce process for you.

In my personal case, grounds for divorce wasn’t much of a question. I happened to live in jurisdictions that were both no-fault states. Essentially, I didn’t need to have a reason to justify my filing for a divorce, there being ‘irreconcilable differences’ was enough. It wasn’t brought up in my meeting with lawyers because it was a non-issue.

These days no-fault divorce is widely available

In the two countries that I’ve lived, Australia and the United States, no-fault divorce is available in all states. In Australia it appears to be the only option, but in the United States there are some states that still allow for divorce at the fault of one of the parties.

In the not-too-distant past, grounds for divorce was an important part of the divorce proceedings. When researching this topic I found interesting articles about how no-fault divorce came to be https://edition.cnn.com/2023/11/27/us/no-fault-divorce-explained-history-wellness-cec/index.html.

While there are people who may complain that it’s too easy to get a divorce these days, I think for those whose marriages are harmful or even dangerous, it’s good to know that there is one less hoop to jump through to remove themselves from the situation.

What are the grounds for divorce in my state?

When considering divorce, one of the first questions that often comes to mind is, “What are the grounds for divorce in my state?” Again, I highly suggest you speak with a lawyer on this matter, but you can likely find a quick answer by searching for the family court website in your state. The official websites for the state will tend to end in .gov in the United States and .gov.au in Australia.

Each state has its own laws regarding divorce, including grounds for divorce. While some states only require a no-fault ground for divorce, others allow for both fault and no-fault grounds. It’s important to note that the availability of fault grounds can vary widely from state to state.

Examples of no-fault grounds for divorce

Many states have adopted no-fault grounds for divorce, which means that a couple can divorce without having to prove that one party is at fault. No-fault grounds typically include:

1.      Irreconcilable differences: This is the most common no-fault ground for divorce and simply means that the marriage cannot be saved to due irreconcilable differences between the spouses.

2.      Irretrievable breakdown of the marriage: Similar to irreconcilable differences, this ground is based on the belief that the marriage is broken beyond repair.

3.      Separation: some states allow for divorce based on the couple living apart for a certain period of time, ranging from several months to several years, depending on the state.

Examples of fault grounds for divorce

In states that allow for fault grounds for divorce, a spouse must prove that the other spouse is at fault for the marriage breakdown. Some common fault grounds include:

1.      Adultery: If one spouse has engaged in an extramarital affair, the other spouse may be able to file for divorce on the grounds of adultery.

2.      Desertion: In one spouse has abandoned the other for a certain period of time, the abandoned spouse may be able to file for divorce on the grounds of desertion.

3.      Cruelty: If one spouse has subjected the other to physical or emotional cruelty, the abused spouse may be able to file for divorce on the grounds of cruelty.

4.      Substance abuse: In some states, substance abuse, such as alcohol or drug addiction, can be grounds for divorce if it has had a negative impact on the marriage.

It’s important to consult with a qualified attorney in your state to understand the specific grounds for divorce that apply to your situation. An attorney can help you navigate the legal process and ensure that your rights are protected throughout the divorce process.

Even if you eventually find that you’re dealing with a no-fault situation, it’s a good idea to know what the possibilities are if you should want to file or if your soon-to-be ex decides to file for divorce.