Grounds for Divorce

What Are Proper Grounds for Divorce?

That can be a trick question, because it all depends on the state you live in. Grounds for divorce in Maryland are actually somewhat different than in Michigan, for example.

For the most part, though, you can expect certain grounds for divorce to apply just about anywhere (mostly worded differently, depending on the state).

For starters, the most basic grounds for divorce is this:

1. A “Breakdown” of the Marriage

That simply can be characterized as an unwillingness to continue. Plain and simple. In some states, this may be called “irreconcilable differences.” There’s nothing serious going on. Nothing bad. It’s just that one or both spouses don’t care to maintain the marriage anymore – hence making a divorce inevitable.

Things may get shaky with these grounds for divorce, because one spouse may disagree with the “breakdown.” In that case, the petition for the divorce is contested, and this is where the grounds for divorce is either proven or disproven.

If it can be proven that a “breakdown” in the marriage truly exists, the petition will go through and a divorce will inevitably be decided by the court. It it can’t be proved, those grounds for divorce don’t apply and the spouses remain married.

2. Infidelity

Most states consider this. Believe it or not, some states don’t. It, of course, has to be proven. And in some cases, the grounds – if proven – can lead to serious repercussions on the spouse accused of infidelity. Such as changes in child custody, alimony, and in some drastic cases property distribution.

The idea, though, behind the fact that some states don’t consider infidelity to be proper grounds is that it’s possible that it can lead to a breakdown of the marriage. Many marriages have survived infidelity. Therefore, some states don’t require infidelity as proper grounds for a divorce.

3. Cruelty

Believe it or not, some states don’t even list this, or any form of this, as grounds for a petition to divorce. Why? Because ultimately this can be provided as simple evidence of a breakdown in marriage.

This almost goes without saying that as a matter of safety, any spouse in a marriage suffering from sort of abuse – whether it’s emotional, mental, or physical – can establish proper grounds for a divorce petition through evidence of cruelty. There’s no way around it.

4. Fraud

Fraud’s another one, definitely – because by law, for instance, a spouse can’t be married as a minor without parents’ consent. If it’s been discovered that at the beginning of the marriage one of the spouses was a minor, the marriage can be considered null and void. A divorce can be awarded.

Fraud can even nullify any prenuptial agreements in effect during the time of the marriage, as fraud then proves that the marriage was in fact illegal.

5. Willful Desertion

This is an important requirement for proper grounds, because the basis behind a marriage is the duty a spouse has on his or her partner – to uphold a marriage physically, mentally, emotionally. If a spouse willingly deserts the other without the other’s consent for a certain period of time – depending on the divorce laws of the state – that spouse can then file for divorce legally.

Other Grounds

Based on what the court may deliberate, there can be other possibilities as well – such as child abuse, criminal activity, drug abuse. Some are actual grounds listed as law, too.

The point is to stay informed about what you’re dealing with and make sure it’ll all work out. The law is the law.