Do You Have The Necessary Grounds For Divorce?

by Jon Arnold

Grounds for divorce vary from state to state. For instance, in England and Wales, you can only divorce if you have been married for at least a year. Also, the only grounds for divorce is the irretrievable breakdown of the marriage and the way to prove it is by establishing one or more of the following facts: Adultery, unreasonable behavior, desertion, two years separation or five years of separation, living apart.

There are two types for grounds for divorce, contested and uncontested. The first one is when both parties fail to agree on the issues involved. The common grounds of disagreements will often include custody of children, child support, and assets of the marriage, contribution towards education, family debt, dependencies, and many others.

Also, there are other grounds for divorce also called as no-fault or a fault divorce. The first one happens when the couple agrees to irreconcilable differences and neither of them is at fault for the failure of the marriage. In this case, the spouse who sues for divorce doesn't need to prove that the other spouse did anything wrong.

All states will allow a divorce regardless of whether anyone is at fault. The fault divorce is when one of the spouses is the one to be held responsible for the failure of the marriage, who will not be entitled to alimony under most state laws. The faults may include infidelity, alcoholism, drug abuse, etc.

Why choose a fault divorce? Many do not want to wait for years which is the period of separation required in many cases. In some states, a spouse who proves the other's fault may receive a greater share of the alimony in common. One spouse must simply give a reason the state recognizes and in most, it is enough to determine that the couple can't get along.

However, in many other states, the couple has to live separately for a number of months or possibly years to get a no fault divorce. So you see, much of the divorce process will depend on the particular laws in your state. You can petition the court to consider, for example, that both of you have already been living apart for a period of time if that is the case, which will be considered if this fact can be documented and proven to the satisfaction of the divorce judge or mediator.

Lastly, the time it takes to get a divorce can take vary and depends entirely on the couple themselves. For instances, the couple may be able to "do it themselves" (depending on their state laws) only when the couple can agree upon everything. Be aware this does mean EVERYTHING and it must be in writing. Such cases can be completed in approximately six weeks. However, if the couple has difficulties in the agreements or if children are involved, the process can take years.

If children are involved in the divorce, it gets considerably stickier. Child custody must be determined as far as where the children live and the frequency of staying with the other parent. Child support agreements must be worked out, where the person paying the child support will likely be doing so until the child turns age 18.

About the Author
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