Divorce is a complicated and emotionally charged process for the parties involved, including the kids. It signifies the end of a marriage, and with it, the parties involved have to bring to light a barrage of legal and personal issues. Sometimes, it can be a good thing for all parties involved, especially if there is abuse involved.
Although the marriage may end for various reasons, not all are legally accepted as grounds for divorce. As such, you must research and consult with a divorce attorney to ensure your case goes through. Lucky for you, this blog will explore legally acceptable reasons for divorce, also called “grounds” for divorce.
Legally Accepted Reasons for Divorce
Legally accepted reasons for divorce vary from country to country; however, there are only two accepted types of divorce in the United States: fault and no fault.
A fault divorce requires the party looking to divorce to prove that the other party is at fault for the marriage’s breakdown. On the other hand, a no-fault divorce is not usually because the other party is at fault. It’s primarily due to incompatibility or irreconcilable differences.
Irrespective of your reason for divorce, you must get legal counsel. You can find a good divorce attorney anywhere in the United States. Colorado Springs divorce lawyer or one in Atlanta, you should be able to get a good one. Just make sure you check the reviews before you hire.
Now, let’s take a deep dive into the commonly legally accepted reasons for divorce:
Extramarital Affairs
Infidelity is one of the most common reasons for divorce. If one spouse has engaged in a sexual relationship outside of the marriage, it can be considered a valid ground for divorce. Adultery breaks your partner’s trust and commitment, which is essential for a healthy marriage.
For your case to go through, you must have enough proof of the affair; this is where you need the receipts. If possible, hire a detective for hard evidence, such as pictures of their meet-ups.
However, if you discover your partner is seeing someone outside of your marriage, encouraging it, or going on cheating revenge, it cannot be considered a legal reason to divorce.
Bigamy
In most states, being married to more than one person at the same time is illegal unless you have obtained a legally polygamous marriage. If your spouse was already legally married when they entered into your marriage, it can be grounds for divorce.
Marriage Between Relatives
Marriages between close relatives, such as siblings or cousins, are considered incestuous and, therefore, not legally recognized in most states. If you discover that you are in an unlawful relationship with your spouse, it may be grounds for divorce.
Marriage Certificate Obtained Under Duress
If one party was forced or coerced into getting married against their will, it could be considered a reason for an annulment rather than divorce.
However, if the marriage certificate was obtained under duress or fraudulent circumstances and there is no possibility of reconciliation, it could also serve as grounds for divorce.
Physical or Emotional Abuse
You should never have to endure physical or emotional abuse in a marriage. If your spouse has subjected you to violence or behavior that causes serious harm to your physical safety or mental health, it can be used as evidence in court to support a fault-based divorce.
The worst is most abusers hide well that no one outside of their four walls can tell. So when this happens, make sure to go to the hospital. This helps leave a trail of evidence for when you get the courage to leave the marriage.
Impotence at the Time of Marriage
If one party cannot consummate the marriage due to impotence, it can be considered a valid reason for annulment or divorce. However, for this to be legally accepted, you must undergo medical checkups to prove your inability.
Mental Incapacity at the Time of Getting the Marriage Certificate
If your partner was mentally incapacitated and unable to understand what they were doing when they got married, it could be grounds for an annulment or divorce. This includes being under the influence of drugs or alcohol.
Drug Addiction
Drug addiction is causing many homes to break all over the world. This is because destroying your career, finances, kids’ well-being, and other relationships takes a toll on your marriage. This leaves one partner responsible for caring for the whole family, which can be overwhelming.
Most often, people with a substance use disorder resort to stealing to get their fix. They are also pathological liars, and sometimes that becomes abuse towards their families, which can be dangerous and stigmatizing for the children.
So, if your partner has an addiction to drugs or alcohol, it can be legally accepted as a ground for divorce.
Psychological Ailment
A severe psychological ailment such as schizophrenia or bipolar disorder can significantly affect a person’s ability to maintain a healthy marriage.
If your spouse’s mental health issues are causing harm to you or your family, it may be used as grounds for divorce.
Absence of Physical or Emotional Intimacy
Physical and emotional intimacy are essential components of a successful marriage. If your spouse consistently refuses physical affection or fails to show emotional support, it can cause irreparable damage and potentially serve as grounds for divorce.
Imprisonment
If your spouse is sentenced to more than three years in prison, it can be difficult for the marriage to continue. In this case, imprisonment may serve as grounds for divorce, especially if there are no signs of reconciliation upon release.
Desertion
Desertion is when your spouse leaves you without your knowledge, does not provide any support, and goes to live elsewhere. This can be considered grounds for divorce. However, each state has its specific requirements regarding what constitutes desertion.
When Do You File for a No-Fault Divorce?
As mentioned earlier, a no-fault divorce does not require proof of fault and is based on irreconcilable differences. Here are some common reasons that fall under this category:
Irreconcilable Differences
Nothing can reunite them when both parties agree that their marriage has broken down beyond repair.
Lack of Family Support
If one party feels unsupported by their partner’s family members, it can lead to irreconcilable differences, especially if they don’t stand with their partner.
For instance, if your husband’s family does not accept you and continually taunts you, and your husband does nothing to stop it or stand by you, then you can file for a no-fault divorce.
Living Apart for More Than Two Years
Some states consider living apart from your spouse for an extended period, two years or more, as valid grounds for divorce. This is known as “separation by mutual consent” and often falls under the category of no-fault divorce.
Incompatibility
If you and your spouse have fundamental differences preventing you from maintaining a healthy marriage, it can be considered irreconcilable.
What are the Risk Factors for Divorce?
No two people get into a marriage with the end goal of divorce. All couples wish and work towards a healthy and long-lasting marriage.
However, this often may not be the case. Increase your chances of a healthy and happy marriage by familiarizing yourself with the risk factors for divorce. These include:
Married Young
When people marry young, it means they have not experienced life alone. And as they mature and discover more about themselves, they may grow apart, leading to divorce.
Couples should wait until they have lived independently and learned their partner’s character before marrying. The more mature a couple is, the less the chances for divorce.
Educational Differences
People with almost the same education may have successful marriages because they will have common grounds for conversation and intellect.
For instance, if a university graduate marries a high school graduate making no effort to upgrade her knowledge, then the chances of divorce are high. This is because their friends are different, and sometimes, she may resent being unable to chip in conversations.
Low Income
Finances are a big reason why many couples end up in divorce. Therefore, you must work hard to improve your family income and be transparent with your partner.
Cohabiting Before Marriage
Many couples opt to live together before marriage. While this may be beneficial as you see your partner’s habits, it deprives you of the excitement of getting married and moving to your first house together. It also makes it hard to understand the importance of marriage or commitment. So, if possible, wait till you get married before moving in with your spouse.
Getting Married Because of Children
Some women believe the notion that you can trap a man with a child, so they end up getting pregnant before marriage. While this may work, and you may get married, it may end in divorce because the man has no feelings for you and may end up hating you. So before you get pregnant for a man, make sure he wants to marry you.
Ways to Save Your Marriage
We all want to raise our children in a healthy and happy marriage. Some ways we can achieve that is by:
- Spend time together by going out on dates and vacations without the kids. This helps you discover new things together and maintain your connection.
- Couples Therapy: Not everyone is enthusiastic about being vulnerable in front of a stranger, but if it helps your marriage, then why not? Couples should embrace therapy as an individual and as a couple. This is because it helps them address their issues individually and as a couple, fostering a happy marriage.
Final Thoughts
We all want a happy and healthy marriage for ourselves and our children. However, sometimes this isn’t the case, which is a reason for divorce. Going through a divorce is draining for all the parties involved, especially if one party is contesting.
Therefore, to make the divorce process smooth, it’s essential to understand the legally accepted reasons for divorce and how they apply to your situation. You may also seek legal counsel from a divorce lawyer.
