Grounds for Divorce/Dissolution
Grounds for Divorce/Dissolution in the U.S. Copyright HG.org
Legal Grounds for Divorce/Dissolution
Grounds for divorce/dissolution are legal reasons for termination of a marriage.
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
Divorce Articles
- Creating a Prenuptial AgreementGetting married can be exciting, but it can also lead to a loss of good sense. It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.
- US Divorce Law and StatisticsIt is an unfortunate reality of our modern culture that divorce is common and widespread. If you are going through a divorce, much of the terminology and general process of divorce can be confusing and intimidating. Understanding the fundamental concepts of the American divorce system can help you in navigating through the process of divorce or legal separation.
- Is Divorce a Virus? The Social and Seasonal Forces of Divorce ContagionsWhile it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
- Zimmerman Court Woes Continue: Amid Divorce, George Cannot Be Found for ServiceIn any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.
- The Pros and Cons of an Uncontested DivorceEnding a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
- New Jersey Child Visitation LawsChildren are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.
- My Ex Is Moving Away With The Children, What Can I Do?You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.
- How to Get an AnnulmentFor those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?
- Tips for New Jersey Prenuptial AgreementsListen, getting married can be a very exciting time filled with love and excited anticipation of a future with your loved one. But, it does not mean that you should throw all reason to the wind. If you or your soon-to-be-spouse have either a large number of assets or a number of debts, and you live in New Jersey, it may be wise to consider in advance what you will do about those assets/liabilities just in case anything should happen, and these tips will help you do that.
- What is the Difference Between Separation and Divorce?Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation. When going to court, it is often important to use very precise terms to describe a situation in order to make sure your rights are protected, so it is important to understand the distinction between these three terms.


