Grounds for divorce
Encyclopedia
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded.
Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.
The United States allows a person to end a marriage
by filing for a divorce on the grounds of either fault or no fault. In the past, most states were only granted divorces on fault grounds, but no-fault divorces have become more accepted. Fault and no-fault divorces each require that specific grounds be met. In no-fault divorces a mutual agreement that both parties no longer feel the marriage is worth continuing exists. Separation and irreconcilable differences are the most common grounds used.
On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage. Several grounds for fault divorce include adultery, cruelty, abandonment, mental illness, and criminal conviction.
There are, however, additional grounds that are acceptable in some states such as drug abuse, impotency, and religious reasons.
While there are various grounds for divorce across the United States, there are also defenses that can be raised in response to many divorce claims.
These defenses include proving that the accused spouse
was not actually at fault, that the spouses were not separated for the required period of time, or that there is still a chance of reconciliation.
rule.
Following the American Colonies' independence, each settlement generally dictated its own acceptable grounds for divorce. During colonial
times, grounds for divorce were more limited in scope
, both in terms of which grievances could qualify as grounds, and as far as who was able to use them.
In the 18th century
, such concerns as infidelity, alcohol abuse, mistreatment, abandonment, and impotence were among the few reasons that could qualify as grounds for divorce. For much of America’s history, wealthy men were the people most able to seek and to receive a desired split. By the 1960s, however, women and citizens of fewer means found the conditions for seeking divorce more accessible. At this time, the law required that one partner be at-fault in order for the couple to pursue the termination of their marriage.
This constraint
came out of the desire to ensure that all of the bases for divorce be adequate. Prior to this, people used such issues as incompatibility or a decline in lucidity
as grounds; the court eventually came to see these problems as not severe enough to warrant divorce. In the 1970s, no-fault grounds regained favor in many states, and in 2010, New York
became the last of the fifty to allow no-fault divorces.
When the marriage partners mutually agree that they no longer feel the marriage is worth continuing, a no-fault divorce will allow the couple to obtain a divorce easily.
In order to obtain a no-fault divorce in some states, the parties must mutually consent to provide information regarding incompatibility or why the marriage partners have changed, grown apart, or have irreconcilable differences. If a state requires a separation period, either or both spouses may be required to bring a witness
to testify that the parties have been living apart for the required amount of time.
Like Louisiana, various states have statutes requiring the parties to live apart for a certain extent. The reason the time limitation exists is to see if the couple can reconcile. For example, differing from Louisiana, Pennsylvania state law does not permit legal separation
.
However, some states use different terminologies for a marriage that breaks down.
The cause of the breakdown is legally termed as "irreconcilable differences
" or "incompatible of temperament
".
This breakdown occurs through no fault of the spouses, without blame to one another, and it can commonly represent grounds for divorce.
Regardless of the terminology used, all states fundamentally allow parties to divorce if the marriage breaks down and the couple agree that the marriage will not work. In order to attain a divorce on grounds that the marriage is over, the couple is required to prepare an affidavit that the marriage is irreparably broken and sign it under oath
. An alternative to a sworn statement is to agree in writing that the marriage is broken beyond repair.
, one member from the party must acknowledge that the marriage is beyond repair. If both parties mutually decide a no-fault divorce is the best option, no other reasoning or proof is required.
was the first state to authorize no-fault divorce. They chose to terminate all fault grounds for divorce and utilized single no-fault standards making divorce easier and less costly. During the next 15 years no-fault divorce became more common in various states throughout the United States. Some states offer both fault and no-fault options. However, the states that do not carry both options have only the one option of no-fault grounds.
Some marriages do not last very long and early on spouses can begin to assess their marital situation. When a couple decides to critique their marriage, the spouse is determining if it would be reasonable to stay in the union. If one decides to file a divorce
, a no-fault divorce should be taken into consideration.
Even though a fault divorce is more time-consuming, and could even be more likely to violate the parties' privacy, a fault divorce might need to be considered. For example, when the party is going through a fault divorce trial
the husband/wife might be convicted of being an unfit parent, which will require evidence so the spouse can be found guilty
of abuse.
or imprisonment of one party for a certain length of time; abandonment or desertion, cruelty
, or mental instability of one of the parties.
Divorce courts require proof be given that the grounds actually exist. This can be accomplished by providing testimony from a hired detective with documentation of the spouse’s bad behavior or from someone who witnessed or has first-hand knowledge of the spouse’s bad behavior. There are defenses a spouse can use to convince the court that he or she is not at fault in order to have the grounds dismissed and possibly prevent a fault divorce. These defenses include collusion
, condonation, connivance
, and provocation.
Fault divorces are becoming less common today because almost every state now recognizes no-fault divorces. No-fault divorces are more common since no proof of fault is required. They are not as costly, can be completed faster, and can be less stressful on the family members. However, fault divorces are advantageous if a quick divorce is desirable. This type of divorce is granted quickly without the waiting period of no-fault divorces where parties are ordered to live apart for a specific amount of time before the divorce is finalized. Another benefit of a fault divorce is the monetary gain. Proof of the accused party’s wrongdoing may result in the court granting the filing spouse a larger portion of the marital property or increased support and alimony. However, fault divorces are considerably more expensive to obtain than no-fault divorces.
The most common fault grounds include the following:
and other sexual behavior not necessarily including intercourse constitute adultery
.In order to use adultery as grounds for a divorce, the filing party must present sufficient proof that the other party had sexual relations with someone else. Circumstantial as well as documented evidence, including videotapes of the spouse committing the sexual infidelity, can be used as proof of adultery. The accusing partner must prove that the other partner had the opportunity and inclination to commit adultery.
To obtain a divorce on the grounds of cruelty, the filing spouse must prove that the cruelty has made marriage intolerable for them. The cruelty must have been deliberate and calculated and must not have been provoked by the filing spouse. Acts such as physical attacks, repeated displays of rage involving screaming and violent behavior, as well as continuous false accusations, such as adultery and publicly berating and insulting a spouse or flaunting an affair
with another person are some grounds of cruelty. The cruelty must have been recurrent. Single acts of cruelty in a marriage are usually not considered grounds for divorce.
or desertion
. However, refusing to have sexual relations with a spouse can be considered abandonment in some incidences. To obtain a divorce on grounds of abandonment the accused spouse must have voluntarily deserted the marital household with no justification or intention to return. The deserter must have left without the consent of the filing party and remained absent for an uninterrupted period of time.
However, a spouse who is unjustly forced from the marital household by the other spouse or leaves to escape domestic violence
would not be at fault of abandonment or desertion. In fact, in these cases, the spouse who remains at the home may be charged with abandonment if their behavior justifies the charge or if that spouse refuses a sincere offer of reconciliation.
and incurable insanity is a ground for divorce. To obtain a divorce on grounds of mental illness, the filing spouse must have proof that the other spouse suffers from a permanent psychological disorder that makes marriage impossible. The disorder must be incurable and the spouse must have been diagnosed by doctors competent in psychiatry
.
of a spouse is often considered grounds for a divorce.
To obtain a divorce on grounds of criminal conviction, the filing spouse must be able to prove that their spouse has been convicted of an illegal offense.
In many cases, it is required that the convicted spouse has been sentenced to serve time in prison in order for a divorce to be granted on the grounds of criminal conviction.
Other grounds for divorce may include alcohol or substance abuse
and impotency, infertility
or homosexuality
of the other party that was not discussed before the union.
-level contexts also serve as reasons behind the decision to seek a divorce.
These circumstances represent various aspects of the social life, from technology and social integration, to the economy and military service
.
Cultural customs
or religious establishments can be the foundations for the breakdown of a marriage, as well.
Marrying someone of another religion
, ethnicity, or vastly different culture
could potentially pave the way for divorce.
One partner might find himself unable to handle the societal pressures of the arrangement, or may feel compelled to conform to the spouse’s/other culture’s ideals (e.g. child rearing, dietary changes, etc.), which could lead to resentment. In New Hampshire
, if a spouse’s other half joins a religious sect, and that act leads to the destruction of the marriage, then the objecting partner can cite the episode as grounds for divorce; this is one of several grounds categorized unusual. Illinois
also offers uncommon grounds for divorce, whereby a person can apply for divorce when her spouse exposes her to a sexually transmitted infection.
Divorce is not a possibility for the devotees of certain religious organizations. The Catholic Church, for example, does not permit its adherents to get a legal divorce. Marriage annulments, however, are the current option for the followers of Catholicism to dissolve the official ties to their former significant other. The annulment
, which renders a marriage null and void, can be sought on the bases of “adultery, pressure to marry, failure to consummate a marriage through vaginal intercourse, or a refusal to have children,” among other reasons.
between excessive alcohol consumption and/or narcotic misuse and domestic violence. Since extreme mistreatment of one’s spouse is a serious concern, the law considers it legitimate grounds for divorce; the same holds true in cases where a member of the couple feels uncomfortable with the other’s overuse of controlled substances.
, the sharing of resources is one of many expected outcomes. If someone in the marriage intentionally and maliciously refuses to uphold this communal monetary expectation, then the other person can file for divorce in response.
is strongest in relationships whose partners are about ten years apart. Given that the average age difference between the members of a couple is smaller than this (by two to five years), it is no wonder that sexual dissimilarity is a concern for many. By the time both parties are in their thirties, their sex drives tend to desynchronize. Other sexual incompatibilities, such as differences in fleshly preferences, worsen the issue. Based on this lack of fit, couples are able to file for divorce. In a number of states, another intimacy related matter—impotency—can also function as grounds for divorce. If a spouse is unable to perform the act of sex with his or her companion, the other member of the couple is within his or her rights to file for divorce. To serve as valid
grounds, the partner’s inability to perform intercourse must have been present at the outset of the marriage, and had to have lasted through the start of the divorce proceedings; i.e. the couple must not have consummated the relationship in order to use impotency as a justification for divorce.
, is used as a defense when the accusing spouse claims that the filing spouse has actually forgiven or accepted the wrongful behavior of their spouse prior to filing the charges and has in fact continued to have relations with them. Likewise, reconciliation
, like condonation, is used by the accused spouse to prevent a fault divorce when they can prove that the filing spouse has forgiven them and reconciliation has occurred. Recrimination
is when the spouse who is being accused of wrongdoing attempts to stop the divorce process by claiming that the other spouse is guilty of bad behavior themselves. Lastly, provocation
is used when the spouse accused of abandoning the marriage defends the suit on the ground that the filing spouse provoked the abandonment.
is given, a defense for fault cannot be obtained. As an example, in the case of abandonment, the divorce can't be based on abandonment because one of the spouses forgives on that issue. The couple would have to find another ground for divorce.
or further sexual relations, the court can argue that the pair did not adhere to the time requirements of their separation agreement, and the divorce petition
can be invalidated.
Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.
The United States allows a person to end a marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
by filing for a divorce on the grounds of either fault or no fault. In the past, most states were only granted divorces on fault grounds, but no-fault divorces have become more accepted. Fault and no-fault divorces each require that specific grounds be met. In no-fault divorces a mutual agreement that both parties no longer feel the marriage is worth continuing exists. Separation and irreconcilable differences are the most common grounds used.
On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage. Several grounds for fault divorce include adultery, cruelty, abandonment, mental illness, and criminal conviction.
There are, however, additional grounds that are acceptable in some states such as drug abuse, impotency, and religious reasons.
While there are various grounds for divorce across the United States, there are also defenses that can be raised in response to many divorce claims.
These defenses include proving that the accused spouse
Spouse
The term spouse generally refers to a partner in a marriage:* Husband, referring to a male partner* Wife, referring to a female partner* In some usages, a partner in a civil union, domestic partnership or common-law marriage- See also :* Bride...
was not actually at fault, that the spouses were not separated for the required period of time, or that there is still a chance of reconciliation.
History
Divorce laws and their usage have changed a great deal over the last few centuries. Many of the grounds for divorce available in the United States today take root in the policies instated by early BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
rule.
Following the American Colonies' independence, each settlement generally dictated its own acceptable grounds for divorce. During colonial
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
times, grounds for divorce were more limited in scope
Scope
The word scope may refer to many different devices or viewing instruments, constructed for many different purposes. It may refer to a telescopic sight, an optical device commonly used on firearms. Other uses of scope or Scopes may refer to:...
, both in terms of which grievances could qualify as grounds, and as far as who was able to use them.
In the 18th century
18th century
The 18th century lasted from 1701 to 1800 in the Gregorian calendar.During the 18th century, the Enlightenment culminated in the French and American revolutions. Philosophy and science increased in prominence. Philosophers were dreaming about a better age without the Christian fundamentalism of...
, such concerns as infidelity, alcohol abuse, mistreatment, abandonment, and impotence were among the few reasons that could qualify as grounds for divorce. For much of America’s history, wealthy men were the people most able to seek and to receive a desired split. By the 1960s, however, women and citizens of fewer means found the conditions for seeking divorce more accessible. At this time, the law required that one partner be at-fault in order for the couple to pursue the termination of their marriage.
This constraint
Constraint
Constraint is an element factor or a subsystem that works as a bottleneck. It restricts an entity, project, or system from achieving its potential with reference to its goal....
came out of the desire to ensure that all of the bases for divorce be adequate. Prior to this, people used such issues as incompatibility or a decline in lucidity
Lucidity
Lucidity may refer to:*In common usage, intelligibility, brightness or sanity*Awareness of the dream stage; see Lucid dreaming*Lucidity , a 2006 album by Delain...
as grounds; the court eventually came to see these problems as not severe enough to warrant divorce. In the 1970s, no-fault grounds regained favor in many states, and in 2010, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
became the last of the fifty to allow no-fault divorces.
No fault divorce
Every state in the United States allows the acquisition of no-fault divorce.When the marriage partners mutually agree that they no longer feel the marriage is worth continuing, a no-fault divorce will allow the couple to obtain a divorce easily.
In order to obtain a no-fault divorce in some states, the parties must mutually consent to provide information regarding incompatibility or why the marriage partners have changed, grown apart, or have irreconcilable differences. If a state requires a separation period, either or both spouses may be required to bring a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
to testify that the parties have been living apart for the required amount of time.
Separation
Marriage partners who are living apart have grounds for no-fault divorce.Like Louisiana, various states have statutes requiring the parties to live apart for a certain extent. The reason the time limitation exists is to see if the couple can reconcile. For example, differing from Louisiana, Pennsylvania state law does not permit legal separation
Legal separation
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree...
.
Irretrievable breakdown
In the United States, several states allow spouses to divorce if they are no longer willing to live with one another.However, some states use different terminologies for a marriage that breaks down.
The cause of the breakdown is legally termed as "irreconcilable differences
Irreconcilable differences
The concept of irreconcilable differences provides a possible ground for divorce in a number of jurisdictions.In Australian family law with no-fault divorce it is the sole ground, adequate proof being that the estranged couple have been separated more than 12 months.In the United States it can be...
" or "incompatible of temperament
Temperament
In psychology, temperament refers to those aspects of an individual's personality, such as introversion or extroversion, that are often regarded as innate rather than learned...
".
This breakdown occurs through no fault of the spouses, without blame to one another, and it can commonly represent grounds for divorce.
Regardless of the terminology used, all states fundamentally allow parties to divorce if the marriage breaks down and the couple agree that the marriage will not work. In order to attain a divorce on grounds that the marriage is over, the couple is required to prepare an affidavit that the marriage is irreparably broken and sign it under oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
. An alternative to a sworn statement is to agree in writing that the marriage is broken beyond repair.
State acceptance
Every state within the United States accepts some form of no-fault divorce. This option is more common than a fault divorce as it can be more convenient and less expensive. A no-fault divorce also eases strain on a couple with children. By lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, one member from the party must acknowledge that the marriage is beyond repair. If both parties mutually decide a no-fault divorce is the best option, no other reasoning or proof is required.
Shift of acceptance
In the early 1970s, CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
was the first state to authorize no-fault divorce. They chose to terminate all fault grounds for divorce and utilized single no-fault standards making divorce easier and less costly. During the next 15 years no-fault divorce became more common in various states throughout the United States. Some states offer both fault and no-fault options. However, the states that do not carry both options have only the one option of no-fault grounds.
Some marriages do not last very long and early on spouses can begin to assess their marital situation. When a couple decides to critique their marriage, the spouse is determining if it would be reasonable to stay in the union. If one decides to file a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, a no-fault divorce should be taken into consideration.
Advantages and disadvantages
Multiple surveys have been given to the American people requesting their opinions regarding no-fault divorce. The surveys revealed that 50% of Americans are disappointed with no-fault divorce and would like alterations to the system to make no-fault divorce more difficult. A no-fault divorce is much easier to obtain than a fault divorce. They save time and money plus neither party has to provide evidence. A no-fault divorce also allows the divorcing parties to have privacy, which can allow them to work with each other during the difficult time.Even though a fault divorce is more time-consuming, and could even be more likely to violate the parties' privacy, a fault divorce might need to be considered. For example, when the party is going through a fault divorce trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
the husband/wife might be convicted of being an unfit parent, which will require evidence so the spouse can be found guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
of abuse.
Fault divorce
A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. The party filling for the divorce must prove that the other party has done something to justify ending the union. Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other parties’ guilt. The specific grounds for receiving a fault divorce include adultery, impotency, infertility or homosexuality of the other party that was not discussed before the union; criminal conviction of a felonyFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
or imprisonment of one party for a certain length of time; abandonment or desertion, cruelty
Cruelty
Cruelty can be described as indifference to suffering, and even positive pleasure in inflicting it. If this is supported by a legal or social framework, then receives the name of perversion. Sadism can also be related to this form of action or concept....
, or mental instability of one of the parties.
Divorce courts require proof be given that the grounds actually exist. This can be accomplished by providing testimony from a hired detective with documentation of the spouse’s bad behavior or from someone who witnessed or has first-hand knowledge of the spouse’s bad behavior. There are defenses a spouse can use to convince the court that he or she is not at fault in order to have the grounds dismissed and possibly prevent a fault divorce. These defenses include collusion
Collusion
Collusion is an agreement between two or more persons, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair advantage...
, condonation, connivance
Connivance
A legal finding of connivance may be made when an accuser has assisted in the act about which they are complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing....
, and provocation.
Fault divorces are becoming less common today because almost every state now recognizes no-fault divorces. No-fault divorces are more common since no proof of fault is required. They are not as costly, can be completed faster, and can be less stressful on the family members. However, fault divorces are advantageous if a quick divorce is desirable. This type of divorce is granted quickly without the waiting period of no-fault divorces where parties are ordered to live apart for a specific amount of time before the divorce is finalized. Another benefit of a fault divorce is the monetary gain. Proof of the accused party’s wrongdoing may result in the court granting the filing spouse a larger portion of the marital property or increased support and alimony. However, fault divorces are considerably more expensive to obtain than no-fault divorces.
The most common fault grounds include the following:
Adultery
Sexual activities with a person of the opposite sex as well as the same sex involving oral sexOral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
and other sexual behavior not necessarily including intercourse constitute adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
.In order to use adultery as grounds for a divorce, the filing party must present sufficient proof that the other party had sexual relations with someone else. Circumstantial as well as documented evidence, including videotapes of the spouse committing the sexual infidelity, can be used as proof of adultery. The accusing partner must prove that the other partner had the opportunity and inclination to commit adultery.
Cruelty
Proof of cruelty or the repeated infliction of serious physical or mental suffering by one marital partner on the other is also grounds for divorce.To obtain a divorce on the grounds of cruelty, the filing spouse must prove that the cruelty has made marriage intolerable for them. The cruelty must have been deliberate and calculated and must not have been provoked by the filing spouse. Acts such as physical attacks, repeated displays of rage involving screaming and violent behavior, as well as continuous false accusations, such as adultery and publicly berating and insulting a spouse or flaunting an affair
Affair
Affair may refer to professional, personal, or public business matters or to a particular business or private activity of a temporary duration, as in family affair, a private affair, or a romantic affair.-Political affair:...
with another person are some grounds of cruelty. The cruelty must have been recurrent. Single acts of cruelty in a marriage are usually not considered grounds for divorce.
Abandonment or desertion
Leaving the household without the consent of the filing spouse, or for reasons unrelated to the marriage, such as completing military service or employment assignments, do not constitute abandonmentAbandonment
The term abandonment has a multitude of uses, legal and extra-legal. This "signpost article" provides a guide to the various legal and quasi-legal uses of the word and includes links to articles that deal with each of the distinct concepts at greater length...
or desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
. However, refusing to have sexual relations with a spouse can be considered abandonment in some incidences. To obtain a divorce on grounds of abandonment the accused spouse must have voluntarily deserted the marital household with no justification or intention to return. The deserter must have left without the consent of the filing party and remained absent for an uninterrupted period of time.
However, a spouse who is unjustly forced from the marital household by the other spouse or leaves to escape domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
would not be at fault of abandonment or desertion. In fact, in these cases, the spouse who remains at the home may be charged with abandonment if their behavior justifies the charge or if that spouse refuses a sincere offer of reconciliation.
Mental illness
Permanent mental illnessMental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
and incurable insanity is a ground for divorce. To obtain a divorce on grounds of mental illness, the filing spouse must have proof that the other spouse suffers from a permanent psychological disorder that makes marriage impossible. The disorder must be incurable and the spouse must have been diagnosed by doctors competent in psychiatry
Psychiatry
Psychiatry is the medical specialty devoted to the study and treatment of mental disorders. These mental disorders include various affective, behavioural, cognitive and perceptual abnormalities...
.
Criminal conviction
The criminal conviction and imprisonmentImprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
of a spouse is often considered grounds for a divorce.
To obtain a divorce on grounds of criminal conviction, the filing spouse must be able to prove that their spouse has been convicted of an illegal offense.
In many cases, it is required that the convicted spouse has been sentenced to serve time in prison in order for a divorce to be granted on the grounds of criminal conviction.
Other grounds for divorce may include alcohol or substance abuse
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
and impotency, infertility
Infertility
Infertility primarily refers to the biological inability of a person to contribute to conception. Infertility may also refer to the state of a woman who is unable to carry a pregnancy to full term...
or homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
of the other party that was not discussed before the union.
Culture, religion, and disease
Several macroMacro
A macro in computer science is a rule or pattern that specifies how a certain input sequence should be mapped to an output sequence according to a defined procedure...
-level contexts also serve as reasons behind the decision to seek a divorce.
These circumstances represent various aspects of the social life, from technology and social integration, to the economy and military service
Military service
Military service, in its simplest sense, is service by an individual or group in an army or other militia, whether as a chosen job or as a result of an involuntary draft . Some nations require a specific amount of military service from every citizen...
.
Cultural customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
or religious establishments can be the foundations for the breakdown of a marriage, as well.
Marrying someone of another religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, ethnicity, or vastly different culture
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
could potentially pave the way for divorce.
One partner might find himself unable to handle the societal pressures of the arrangement, or may feel compelled to conform to the spouse’s/other culture’s ideals (e.g. child rearing, dietary changes, etc.), which could lead to resentment. In New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, if a spouse’s other half joins a religious sect, and that act leads to the destruction of the marriage, then the objecting partner can cite the episode as grounds for divorce; this is one of several grounds categorized unusual. Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
also offers uncommon grounds for divorce, whereby a person can apply for divorce when her spouse exposes her to a sexually transmitted infection.
Divorce is not a possibility for the devotees of certain religious organizations. The Catholic Church, for example, does not permit its adherents to get a legal divorce. Marriage annulments, however, are the current option for the followers of Catholicism to dissolve the official ties to their former significant other. The annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
, which renders a marriage null and void, can be sought on the bases of “adultery, pressure to marry, failure to consummate a marriage through vaginal intercourse, or a refusal to have children,” among other reasons.
Substance abuse
Another of the many issues that could lead to a couple’s divorce is substance abuse. There is a noted correlationCorrelation
In statistics, dependence refers to any statistical relationship between two random variables or two sets of data. Correlation refers to any of a broad class of statistical relationships involving dependence....
between excessive alcohol consumption and/or narcotic misuse and domestic violence. Since extreme mistreatment of one’s spouse is a serious concern, the law considers it legitimate grounds for divorce; the same holds true in cases where a member of the couple feels uncomfortable with the other’s overuse of controlled substances.
Financial backing
A common reason cited as grounds for divorce is one spouse’s unwillingness to support the other financially even though he or she has the economic means to do so. Part of the concept of marriage is its role of joining people; when two individuals come together in a marital unionPersonal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
, the sharing of resources is one of many expected outcomes. If someone in the marriage intentionally and maliciously refuses to uphold this communal monetary expectation, then the other person can file for divorce in response.
Sexual issues
Research has shown that sexual compatibilityInterpersonal compatibility
Interpersonal compatibility is a concept that describes the long-term interaction between two or more individuals in terms of the ease and comfort of communication.-Existing concepts:...
is strongest in relationships whose partners are about ten years apart. Given that the average age difference between the members of a couple is smaller than this (by two to five years), it is no wonder that sexual dissimilarity is a concern for many. By the time both parties are in their thirties, their sex drives tend to desynchronize. Other sexual incompatibilities, such as differences in fleshly preferences, worsen the issue. Based on this lack of fit, couples are able to file for divorce. In a number of states, another intimacy related matter—impotency—can also function as grounds for divorce. If a spouse is unable to perform the act of sex with his or her companion, the other member of the couple is within his or her rights to file for divorce. To serve as valid
Valid
Valid is a Brazilian engraving company headquartered in Rio de Janeiro that provides security printing services to financial institutions, telecommunication companies, state governments, and public agencies in Brazil, Argentina, and Spain....
grounds, the partner’s inability to perform intercourse must have been present at the outset of the marriage, and had to have lasted through the start of the divorce proceedings; i.e. the couple must not have consummated the relationship in order to use impotency as a justification for divorce.
The accused was not at fault
In some cases a spouse can prevent a fault divorce by convincing the court that he or she is not at fault. There are four types of defenses that are commonly used to prevent a fault divorce. The first defense, condonationCondonation
Condonance may be made when an accuser has previously forgiven or condoned the act about which they are complaining...
, is used as a defense when the accusing spouse claims that the filing spouse has actually forgiven or accepted the wrongful behavior of their spouse prior to filing the charges and has in fact continued to have relations with them. Likewise, reconciliation
Conciliation
Conciliation is an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences...
, like condonation, is used by the accused spouse to prevent a fault divorce when they can prove that the filing spouse has forgiven them and reconciliation has occurred. Recrimination
Recrimination
In law, recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. In plain English, it is a lawyer's way of saying "you too."...
is when the spouse who is being accused of wrongdoing attempts to stop the divorce process by claiming that the other spouse is guilty of bad behavior themselves. Lastly, provocation
Provocation (legal)
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge...
is used when the spouse accused of abandoning the marriage defends the suit on the ground that the filing spouse provoked the abandonment.
Possible reconciliation
In a fault divorce, reconciliation and condonation share similarities. If either the husband or wife decides that forgivenessForgiveness
Forgiveness is typically defined as the process of concluding resentment, indignation or anger as a result of a perceived offense, difference or mistake, or ceasing to demand punishment or restitution. The Oxford English Dictionary defines forgiveness as 'to grant free pardon and to give up all...
is given, a defense for fault cannot be obtained. As an example, in the case of abandonment, the divorce can't be based on abandonment because one of the spouses forgives on that issue. The couple would have to find another ground for divorce.
Insufficient separation
Under the no-fault grounds of separation for a pre-determined duration, the half of the couple who does not desire a divorce has only one recourse in contesting the break-up. If the span of the spouses’ separation does not last at least as long as was originally decided, then the dissenting person has a suitable defense to challenge the divorce. In the event of a couple's short-lived reunionReunion
-Geography:* Réunion, a French island in the Indian Ocean* Reunion, Colorado, United States* Reunion District, Dallas, Texas, United States* La Reunion , a 19th century French colony in today's Dallas, Texas...
or further sexual relations, the court can argue that the pair did not adhere to the time requirements of their separation agreement, and the divorce petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
can be invalidated.