No-fault divorces are the most common grounds for divorce, but they vary by jurisdiction. Some require a waiting period, while others are based on an irretrievably deteriorated marriage. If fault is pleaded, common grounds include abuse, adultery, abandonment, confinement, and unreasonable behavior, with varying requirements and defenses. The defendant’s response can make a difference in the court’s decision.
The most common grounds for divorce vary by jurisdiction. Many countries and states within some countries have no fault divorces. These no-fault divorces, which may also be called irreconcilable or irreparably impaired differences, are the most common grounds for divorce.
No-fault divorce cases vary by jurisdiction as to how they can be acquired. In some jurisdictions, there is a waiting period that must be completed before using no-fault as a ground for divorce. The waiting period can be as little as six months or several years for a no-fault divorce.
In other jurisdictions, grounds for no-fault divorce are based on an irretrievably deteriorated marriage. In order to prove that the marriage has broken down to the point that it has to be dissolved, the party must demonstrate that it is her intention not to continue the marriage and that her conduct corresponds to that intention. Thus the parties cannot continue to live in the same household and act as husband and wife if they wish to use this basis as a ground for divorce.
In cases where the parties cannot plead or choose not to plead any fault as grounds for divorce, they must prove that one or the other party was guilty. The most common guilt grounds for divorce include abuse, adultery, abandonment, confinement, and unreasonable behavior. The definition and requirements for each of these grounds for divorce vary by jurisdiction. The more egregious the behavior, the greater the action that could be considered a mistake in the divorce proceedings.
There are defenses to each of the fault-based grounds for divorce; the defendant in the divorce proceedings, however, may choose not to use a defense against the divorce action. Fault-based divorce defenses are used more frequently when there is larger marital assets or the opportunity for alimony. Once one party claims the other is guilty during divorce proceedings, the other party must decide how to respond.
Each of the guilt grounds for divorce requires a different answer. When a spouse files for divorce for abuse or unreasonable behavior, for example, the defendant’s response could make a difference in how the court decides the case. When a spouse files for abandonment or imprisonment divorce, the answer is less important, as these elements are factual in nature.
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