Legal Definitions - grounds for divorce

Grounds for divorce refers to the specific, legally recognized reasons that a court requires a person to state when filing to end a marriage. These reasons vary by state and generally fall into two main categories: no-fault grounds and fault grounds.

In most U.S. states, divorces are granted based on no-fault grounds. This means that neither spouse needs to prove the other did something wrong to cause the marriage to end. Common no-fault grounds include:

• Irreconcilable differences: This signifies that the couple has fundamental disagreements or conflicts that cannot be resolved, leading to the permanent breakdown of the marriage.
• Living separate and apart: Many states allow divorce if the spouses have lived separately for a specified continuous period, indicating the marriage has effectively ended.

In a smaller number of states, or in specific circumstances, a spouse may need to prove fault grounds. These are specific actions or behaviors by one spouse that are considered legally damaging to the marriage. Examples of fault grounds include:

• Adultery: When one spouse has engaged in a sexual relationship outside of the marriage.
• Cruelty: Involving physical or emotional abuse that makes it unsafe or intolerable for the other spouse to remain in the marriage.
• Abandonment/Desertion: When one spouse leaves the marital home without justification and with no intent to return for a specified period.

Even in no-fault states, evidence of fault (like adultery or cruelty) might sometimes be considered by the court when making decisions about issues such as child custody, spousal support, or the division of marital property.

Examples:

• Scenario 1 (No-Fault - Irreconcilable Differences): After 18 years of marriage, Lisa and Tom realize they have grown apart significantly. They no longer share common goals, their communication has ceased, and they find themselves leading entirely separate lives despite living in the same house. They've attempted marriage counseling without success and both agree the marriage is beyond repair.

  Explanation: Lisa and Tom can file for divorce based on irreconcilable differences. They do not need to accuse each other of specific misconduct; the legal ground is simply that their fundamental disagreements have caused an irreversible breakdown of their marriage.

• Scenario 2 (No-Fault - Living Separate and Apart): Michael and Jessica decided to separate two years ago. Michael moved into a different city for work, and they have maintained separate residences, finances, and social lives ever since. They both acknowledge that their marriage is over and wish to legally formalize their separation.

  Explanation: In many jurisdictions, Michael and Jessica could cite living separate and apart for a continuous period (e.g., one or two years) as the legal ground for their divorce. This demonstrates that the marriage has ended in practice, allowing them to obtain a divorce without needing to prove fault.

• Scenario 3 (Fault - Cruelty): Sarah has endured years of her husband, David, constantly belittling her, isolating her from friends and family, and making threats that cause her severe emotional distress and fear. She has documented instances of his controlling and abusive behavior and feels it is impossible to continue living with him.

  Explanation: In a state that recognizes fault grounds, Sarah could file for divorce citing cruelty. David's pattern of emotional abuse and controlling behavior constitutes a legally recognized reason for the marriage to end, as it makes continued cohabitation intolerable and harmful to Sarah's well-being.