Feb 1, 2009

Reasons for divorce

Choosing to get a divorce is not always an easy decision for either party. Sometimes there is a very good reason to get the divorce and other times, the two people have just grown apart and no longer wish to be together. Whatever the reason, the couple can expect to state such reasons at some point along the process. There are really two types of divorces, which are no fault divorces and fault divorces.

No fault divorces are available in all states now. This basically means that neither party has to have a good reason to divorce. As long as one of the two parties wants the divorce, it will most likely be granted. Proving fault is not the burden of either side. In all states, the person requesting the divorce needs only to put irreconcilable differences or the like as the reason for divorce. Some states do require that the couple be living separately for a certain period of time prior to allowing them to file for divorce.

In 15 US states, no fault divorces are the only option. There is no way for the party requesting the divorce to state any fault other than irreconcilable differences as the reason. Infidelity and other issues are not taken into consideration in the divorce cases in these states. There are, however, 35 other states where if there are grounds for divorce other than irreconcilable differences, the wronged party can use these in his or her case.

One of these reasons is adultery. This means that one or both of the parties has been unfaithful. They have sought out a relationship outside of their own marriage. Committing adultery can be very hurtful and very few couples are able to work through something of this magnitude.

Cruelty is another big reason. This would involve abuses of many types. Physical abuse is the most common one. Emotional and verbal abuse is also pretty common although people in these types of relationships do not always consider this to be abuse and put up with it for much longer than physical abuses. Sexual abuse also falls under this category. Many people feel that sexual abuse can not take place within a marriage, but it can happen there just as easily as in any other type of situation. Cruelty is the most commonly used grounds stated for divorce.

Abandonment is another ground for divorce. This usually requires the passage of a certain amount of time. If the spouse leaves and does not return in the allotted amount of time, then the remaining partner has grounds to file for divorce. Likewise, if the other party is imprisoned for a certain period of time, this same thing applies. A person should not be required to remain tied down to someone who is not there.

One final ground is the inability to engage in sexual intercourse with the assumption that this was not disclosed prior to marriage. For instance, a person can not expect to marry someone who can not engage in sexual intercourse and then years down the road decide that they can not deal with it anymore and then use it as grounds for divorce. On the other hand, if they were not told by the other party that this was an issue and found out after the marriage, then this would be able to be used as grounds.

Choosing to divorce a person should be based on something that isn’t going quite right. You do not need to have a specific reason at all to request a divorce, but most states do have the option of using one of the grounds for divorce as your reason. Having one of these reasons can help your case, but if the two of you are not happy, then a no fault divorce would be the way to go. You are both on level ground and can go your separate ways without your record being tarnished.
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