Grounds for Divorce/Dissolution
Legal Grounds for Divorce/Dissolution
Grounds for divorce/dissolution are legal reasons for termination of a marriage.
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No-fault Divorce
A no-fault divorce is one in which neither person blames the other for the breakdown of the marriage. There is no requirement to prove guilt of either party. Common no-fault grounds are irreconcilable differences, irretrievable marriage breakdown, irremediable breakdown of the marriage, or incompatibility of temperament.
These terms indicate that the marriage is over, but no blame is assigned to either spouse. All states have some form of no-fault divorce. But in many states, the couple must live apart for a certain timeframe to obtain one.
These terms indicate that the marriage is over, but no blame is assigned to either spouse. All states have some form of no-fault divorce. But in many states, the couple must live apart for a certain timeframe to obtain one.
Fault-based Divorce
In a fault-based divorce, misconduct by one of the spouses is alleged as the legal basis for divorce/dissolution. Most states still allow couples to obtain a fault-based divorce. Many of the grounds are the same from state to state, such as adultery, some type of cruelty, physical or mental incapacitation, abandonment, and imprisonment.
In a fault-based divorce, the courts require proof of the alleged grounds. If the misconduct cannot be proven or the accused spouse fights or raises a defense to the claim, the divorce can still ultimately be granted on no-fault grounds, since all states offer this option.
Fault-based divorces can often be obtained more quickly than no-fault divorces. And some states take a spouse’s misconduct into account when making decisions about property division and the award of spousal support.
In a fault-based divorce, the courts require proof of the alleged grounds. If the misconduct cannot be proven or the accused spouse fights or raises a defense to the claim, the divorce can still ultimately be granted on no-fault grounds, since all states offer this option.
Fault-based divorces can often be obtained more quickly than no-fault divorces. And some states take a spouse’s misconduct into account when making decisions about property division and the award of spousal support.
Comparative Rectitude or Least-fault Divorce
When both spouses allege legal fault-based grounds in a divorce action, under a doctrine called comparative rectitude, a court may award the divorce to the spouse whose fault is less serious. These types of divorces are rarely granted, however, since no-fault divorce is far more common.
Grounds for Divorce/Dissolution by State
Grounds for Divorce/Dissolution may vary from state to state. The following links provide general overviews of individual states' divorce grounds.
Individual State Grounds for Divorce/Dissolution
- Alabama Grounds for Divorce/Dissolution
- Alaska Grounds for Divorce/Dissolution
- Arizona Grounds for Divorce/Dissolution
- Arkansas Grounds for Divorce/Dissolution
- California Grounds for Divorce/Dissolution
- Colorado Grounds for Divorce/Dissolution
- Connecticut Grounds for Divorce/Dissolution
- Florida Grounds for Divorce/Dissolution
- Georgia Grounds for Divorce/Dissolution
- Idaho Grounds for Divorce/Dissolution
- Illinois Grounds for Divorce/Dissolution
- Indiana Grounds for Divorce/Dissolution
- Iowa Grounds for Divorce/Dissolution
- Kansas Grounds for Divorce/Dissolution
- Kentucky Grounds for Divorce/Dissolution
- Louisiana Grounds for Divorce/Dissolution
- Maine Grounds for Divorce/Dissolution
- Maryland Grounds for Divorce/Dissolution
- Massachusetts Grounds for Divorce/Dissolution
- Michigan Grounds for Divorce/Dissolution
- Minnesota Grounds for Divorce/Dissolution
- Mississippi Grounds for Divorce/Dissolution
- Missouri Grounds for Divorce/Dissolution
- Nebraska Grounds for Divorce/Dissolution
- Nevada Grounds for Divorce/Dissolution
- New Hampshire Grounds for Divorce/Dissolution
- New Jersey Grounds for Divorce/Dissolution
- New Mexico Grounds for Divorce/Dissolution
- New York Grounds for Divorce/Dissolution
- North Carolina Grounds for Divorce/Dissolution
- Ohio Grounds for Divorce/Dissolution
- Oklahoma Grounds for Divorce/Dissolution
- Oregon Grounds for Divorce/Dissolution
- Pennsylvania Grounds for Divorce/Dissolution
- South Carolina Grounds for Divorce/Dissolution
- Tennessee Grounds for Divorce/Dissolution
- Texas Grounds for Divorce/Dissolution
- Utah Grounds for Divorce/Dissolution
- Virginia Grounds for Divorce/Dissolution
- Washington Grounds for Divorce/Dissolution
- West Virginia Grounds for Divorce/Dissolution
- Wisconsin Grounds for Divorce/Dissolution
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- Hidden Dangers of Dividing Retirement
- Gaining Support
- Just and Equitable
- How the Recession Changed Divorce
- Financial Tips for Single Women after Divorce
- How to Get Divorced on Your Own?
- What Things to Consider for a Family Law Attorney
- Surveillance Tools Used in Divorce
- Reasons to Go to Divorce Court
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