When filing for divorce, there are many considerations to take into account. The laws of each state vary so it is important to be informed about the specific requirements of the state in which you reside. There are two specific types of grounds for filing for divorce. You have the choice of filing for a no-fault divorce or a fault-based divorce. Of course, whichever you choose, you will be required to prove the grounds for the divorce.
In no-fault grounds for divorce, the conduct of both spouses is irrelevant to granting a decree in divorce. A no-fault divorce can be granted in two circumstances:
Mutual consent: If both you and your spouse consent that the marriage is irreversibly damaged or cannot be repaired, a divorce can be granted. Each partner must file an affidavit affirming that they agree to the divorce. After filing for the divorce, the parties must wait 90 days to file their respective consents. Once the consents are filed, the Court may enter a decree in divorce.
Without consent: If you and your spouse have lived apart for a period of at least two years, you can file a complaint stating that the marriage is permanently damaged and ask for a divorce.To be granted a divorce under these conditions, your spouse must not contradict that the marriage is irreversibly broken and that you have lived apart for two years. If those two facts are established, a divorce can be granted without the consent of the other party.
A judge may allow a divorce under fault-based grounds if you can prove one of the following things: Abandonment without a reasonable cause: This means your partner has been absent from the residence for a period of one plus years without legitimate reason. Adultery: Your spouse has been unfaithful to your marriage, there by having an extramarital affair. Cruel and brutal treatment: This can include acts of domestic violence or other instances where you felt your spouse treated you in a way that put your health or life at risk. Bigamy: It’s unlawful to marry someone if they were still legally married to a prior spouse. Imprisonment: If your spouse was sentenced to two or more years of jail time for a crime they committed.
Fault based divorces are rather uncommon. Most divorces proceed with the decree being entered with or without consent. The divorce decree being entered is related to the division of property and the courts generally do not grant the divorce decree if the property issues have not been resolved.
Like each particular case, each ground under which divorce can be filed varies immensely. In order to ensure that you are doing what is best for your particular situation, the advice of an experienced lawyer is recommended.