Divorce Guide

Divorce Guide


Divorce grounds


Getting married is much easier than staying married. Staying married brings along with it immense hard work and commitment. When one fails at working out on ones marriage, you can look at effective grounds for divorce.

The way you want to bring an end to your marriage would be in your hands. You should aim at ending your marriage in a peaceful manner.

Divorce grounds-

The two major grounds for divorce can be categorised as fault and no fault divorce.

"No fault" divorce:

"No fault" divorce is where the spouse, who is filing for divorce, does not have to prove that her spouse did anything inappropriate. The spouse while filing for "No fault" divorce would have to state a reason which is recognised by the state laws. For getting “No fault”, you can state reasons such as irreconcilable differences and incompatibility.

For "No fault" divorce to be effective, the couple would have to live apart for few months or even years depending on the case. When you file for “No fault” divorce; your spouse would not be able to stop the hearing. The waiting period for “No fault” divorce is 60days. “No fault” divorce, is only acceptable in some states.

Fault divorce:

Fault divorce is granted on the following instances-

  1. Adultery committed
  2. Desertion for specified time duration
  3. Cruelty both emotional as well as physical
  4. If your spouse has been confined in prison for a number of years
  5. If unable to engage in sexual intercourse or is impotent

Some other grounds for divorce are as follows-

  1. Grounds of marriage failing can also be due to infidelity, incompatibility and abusive marriage.
  2. Apart from an abusive marriage, one can also separate on grounds of not being able to live together or detest each other.
  3. One can also file for divorce, if living with your spouse drives you towards committing suicide.
  4. Abandonment by your husband is a legal ground for filing for divorce.
  5. Legal seperation is also an important reason for divorce. In many states there is a requirement that you would have to legally seperated for a stipulated time frame before divorce can be granted.

Some points to remember while filing for divorce are-

  1. There are some states which would allow divorce to be granted on irreconcilable differences. In the case of irreconcilable differences, you would not have to provide any reason.
  2. Each state would have different laws for divorce and divorce grounds. You would have to check for the prevalent laws in your state before filing in for divorce.
  3. In many states if you can prove that your spouse has been ill-treating you or not been able to provide you with day to day comforts, you can file for divorce.

You should keep in mind that the grounds in regard to divorce would vary from state to state. It would be wise to choose the grounds which would apply to your situation. Avoid portraying a vindictive picture of yourself, during the entire divorce process.


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