In the past, couples had to prove spousal misconduct to obtain a divorce, but now only 35 states require fault grounds. Adultery and cruelty are common reasons for divorce, but no-fault divorces are more popular and don’t require proof of wrongdoing.
If you are considering filing for divorce, you may be wondering if you need to find grounds for divorce to begin your case. Traditionally, couples were required to prove spousal misconduct to end their marriages. This was the reason or legal basis why the courts should have allowed the dissolution of the marriage. Under this method, the “innocent” spouse would be allowed to divorce the “guilty” spouse of the offence.
Today, however, only 35 states still allow couples to obtain a fault divorce. In these states, finding a reason for divorce allows a couple to end their marriage without the mandatory separation period often required for a no-fault divorce. Sometimes, even the spouse held legally responsible for the end of the marriage is required to forfeit a portion of the martial estate or pay a larger amount of alimony.
As you might expect, adultery is one of the most common reasons for divorce. However, since the courts require evidence if you wish to claim your spouse is having an affair, this is also one of the hardest ways to get a divorce. If your spouse refuses to acknowledge his or her sexual misconduct, legally proving adultery can be a long and lengthy process.
Cruelty is another reason that is often cited as a reason for divorce. If your spouse is physically and/or emotionally abusing you, the courts recognize that staying married is not in your best interest. If you wish to claim cruelty as a plea, you may be asked to provide documentation of the injuries your spouse has caused or to call witnesses to testify to her abusive behavior.
Other possible grounds for divorce include abandonment, imprisonment, incurable insanity or physical incapacity. These circumstances are generally easier to prove than the other reasons cited as reasons, but you will still need to have qualified legal representation to ensure your interests are protected during the divorce proceedings.
Occasionally, both spouses have committed marital misconduct that can be used as grounds for divorce. A husband who physically abuses his wife is guilty of cruelty, but his wife is also guilty of adultery if she is having an affair with a colleague. In this case, the courts will use a doctrine known as “comparative fairness” to determine who is least guilty in a divorce case.
Of course, the courts also recognize that sometimes a marriage just doesn’t work out. When filing for a no-fault divorce, the person filing for divorce does not have to prove that the spouse is guilty of any wrongdoing. Suffice it to say that the two parties can no longer get along and have determined that their marriage cannot survive their irreconcilable differences. No-fault divorces became popular in the 1970s. Today, most divorce proceedings fall into this category.
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