With divorce rates steadily declining, many people may wonder what valid reasons, or “legal grounds,” are allowed to dissolve marriages. While all states allow no-fault divorce, some also permit fault-based grounds that are based on specific incidents during a marriage. Some of the most common legal grounds for divorce are adultery, extreme cruelty and separation.
Adultery is the most widely cited legal ground for divorce in the United States. To file for divorce on the basis of this ground, a spouse must prove that his or her partner engaged in extramarital relations with another person during the course of the marriage. A court may consider evidence such as private investigator testimony, admissions by the cheating spouse or even photographs taken in violation of privacy.
Domestic violence is a popular reason for divorce and can include physical, emotional and psychological abuse as well as threats and hostility. This ground for divorce can apply to a long-term pattern of behavior or to a single incident.
Another common reason for divorce is infertility, which can be due to issues such as genetic disorders or sexual orientation. In this case, a couple must be unable to produce children for at least a year to qualify for divorce on this ground.
Financial problems are the third most commonly cited reason for divorce in the U.S. However, the research demonstrates that it may not be the most pressing issue for many couples when making this decision. In fact, the researchers found that more than half of the participants who endorsed financial issues as major contributors to their marriage also reported feeling overwhelmed by conflict and arguing.
Cruel treatment is another valid ground for divorce in some states and can encompass a wide range of abusive behavior, including verbal abuse, physical and emotional abuse and threatening and hostile acts. This ground for divorce can apply to enduring patterns of abusive behavior as well as to one incident that is severe and intolerable.
Finally, incarceration and habitual drunkenness are two of the few fault-based reasons for divorce that may be available to some couples. However, to qualify for a divorce on the basis of this ground, incarceration or drunkenness must have lasted for at least three years or the Plaintiff must be able to demonstrate that his or her spouse committed the offense while in prison. In both cases, the courts must also agree that the couple has lived separately for a minimum of one year. During this period, the courts must approve a separation agreement that contains certain requirements. In addition, the Plaintiff must prove that he or she is entitled to alimony to be able to use this ground for divorce. In general, alimony is intended to offset the loss of income that would result from a divorce on this basis. For this reason, it is important for the requesting spouse to carefully consider all of his or her options before filing for divorce.
Davis and Associates, Attorneys at Law, LLC has experience handling international divorce cases, including cases that have assets in more than one country. We can help you resolve your disputes and move forward with your life in a positive way. Contact us today to schedule a consultation with a Miami divorce lawyer. We can provide advice and counsel via video conference, telephone, Zoom, or in person. Our offices are located in Miami, FL. We serve clients worldwide. Upon request, we can provide you with an English-speaking translator or other necessary resources for your case. We look forward to hearing from you. Please note, a fee is charged for the provision of these services. The fee is typically based on the complexity of your case and the amount of work required to complete your divorce.
