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State Divorce Records – Grounds for Divorce
As state divorce records would show, there are various grounds for the
dissolution of marriage. And notably, these grounds are different for each
state. Learn the difference between fault and no-fault divorces, and the basis
on which you can build your divorce case.
No-fault divorces are divorce situations where neither spouse is “blamed” or
is used as a reason for the dissolution of marriage. A fault divorce, on the
other hand, requires the one who filed the petition to show proof of a
justifiable reason for divorce. But whatever the case may be, the grounds for
divorce can and has changed in several states. Here is a brief discussion about
some of the more common grounds for divorce, fault or no-fault.
Irreconcilable Differences – In some cases, this may come to mean as
incompatibility. It simply means that both spouses have differences that are
considered severe enough that it is virtually impossible to stay married
together.
Insanity – This is self-explanatory in that a spouse simply needs to
provide proof that his/her spouse is insane. This proof normally comes in the
form of testimony or records from one or more psychiatrists.
Adultery – Having extra-marital relations (for either or both spouses) is
one of the more common grounds for divorce. Proof is usually in the form of
photographs, gift purchases, testimonies from witnesses or rarely, admission
from the accused party.
Desertion or Neglect – Desertion is when one spouse abandons the other
for a lengthy period and with no obvious intention to return. Another form of
desertion is called “Constructive Desertion” where one spouse forces the other
to leave.
Felony Conviction – Felonies are considered serious offenses and
punishment for committing this crime is among the most severe (like death, in
some cases). Some offenses considered felonies are murder, rape, kidnapping,
arson, assault, treason, etc. When a spouse is convicted by crimes classified as
felonies, the other spouse can use this as grounds for divorce. In some states,
lesser crimes (or misdemeanors) are sufficient enough cause for divorce.
Abuse – Physical or emotional cruelty towards a spouse is another ground
for divorce. Physically hitting a spouse is equally as justifiable as a ground
for divorce just as is threatening to hit a spouse – the latter, which could be
said to be contributory to emotional or psychological damage.
Again, what may be considered justifiable divorce grounds in one state may not
necessarily be the same in another. Find out by looking up state laws or
contacting a local lawyer.
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