Grounds for Divorce
Grounds for divorce refers to the legal reasons someone files for divorce. This term was used more in the past when states had what was called “at fault” divorces. This meant that one party had to be at fault when filing for divorce. So, the spouse filing for divorce would have to give the grounds on which they were filing for divorce.
Some of the common fault grounds were:
- cruelty (inflicting unnecessary emotional or physical pain) — this is the most frequently used ground for divorce
- adultery
- desertion for a specified length of time
- alcohol or drug abuse
- confinement in prison for a set number of years
- physical inability to engage in sexual intercourse, if it was not disclosed before marriage.
Many people think that if they want a divorce they still need a reason or grounds for filing divorce papers. Modern day divorce laws no longer require that someone need grounds for a divorce or that someone be at fault. All states now allow what is commonly called “no fault” divorces.
In order to get a no fault divorce, one spouse must state a reason for the divorce that is recognized by the state they are living in. In most states, it’s enough to declare that the couple cannot get along and this is most commonly known as irreconcilable differences. The courts view irreconcilable differences as the couple never being able to agree on certain fundamental issues.
Irreconcilable differences doesn’t need to involve any wrong doing or blame on either spouse but it really is a statement regarding the condition of the marriage. A spouse does not need to prove that their spouse was to blame in some way for the failure of the marriage. A court may grant the divorce if it finds that the couple can no longer live together due to irreconcilable differences. This has since become the new grounds for divorce in most of divorces taking place in the United States.
While it is still possible to give specific grounds for divorce most couples choose to go this route to avoid many of the legal entanglements that come from giving too specific of reasons for divorce.
Some of the factors considered as grounds for divorce within irreconcilable difference can include:
- Personality conflicts
- A lack of concern for each other’s mutual needs
- Financial difficulties
- A long term physical separation
- Personal interests are no longer aligned
- Resentment of each other
- Distrust of each other
- Consistent fighting
- Antagonistic feeling towards each other
Whatever the reasons or grounds for divorce are – once of the most important things to remember is that most of them are going to need to comply with state specific divorce laws. While all states have enacted some type of no fault divorce option you will still need to be aware of what exactly adheres to state specific laws and guidelines. Please be aware of these laws and consult with a divorce attorney to get a better understanding of the laws in your specific state and how to comply with those.