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WHAT ARE THE FIVE GROUNDS FOR DIVORCE?

WHAT ARE THE FIVE GROUNDS FOR DIVORCE?

by Cherie McCord

Having a divorce is one act married couples dread, but it might be the only solution to marital issues for peculiar reasons. Check out the Five Grounds for Divorce here.

Divorce can be influenced by many reasons, from incompatibility of partners, domestic violence, bankruptcy, and immaturity.

Beyond that, there are five grounds for divorce which are legally recognized.

Here we go.

Five Grounds For Divorce

  1.  ADULTERY

You can file a divorce if you notice your spouse has been cheating on you. Legally, you have six months to file for a divorce on the ground of adultery.

Note that you can use the ground of adultery when it’s committed against you, not when you’re the culprit.

The law only considers sexual intercourse between two individuals f the opposite sex, nothing short of that. If your case is that of the same sex, it is only lawful to file on the ground of unreasonable behavior.

Note that you can’t cite adultery as a petition under the law if you live with your spouse after the discovery.

  1. UNREASONABLE BEHAVIOR

This is one common ground for divorce because it covers so many unjust behaviors.

Unreasonable behavior captures the following behavior,

  • Financial recklessness
  • Domestic abuse
  • Social isolation
  • Alcoholism
  • Overly devoted to one’s career
  • Unwillingness to engage in sexual relationships and
  • Verbal abuse.

These are a few actions captured as unreasonable behavior.

  1. DESERTION

Desertion occurs when a spouse leaves the home for two years or more with the due consent of the other partner.

While filing for a divorce, your solicitor may advise you to use the ground of separation for more than two years. If that is not feasible, you can file for a divorce because of unreasonable behavior.

  1.  SEPARATION FOR MORE THAN TWO YEARS.

So many cases of a spouse disappearing without prior information, only to be found in another city.

If you haven’t lived with your spouse for more than two years, you can use this as a ground for a divorce.

Note that you and your spouse will have to agree on the choice of a divorce.

  1. SEPARATION FOR MORE THAN FIVE YEARS

If you haven’t lived with your spouse for over five years, you can file for a divorce. Unlike the previous point, you may not need your spouse’s consent to file a divorce.

Divorce on the ground of separation for over two years and above is justifiable because the other spouse is left in the dark, having no clue about life and the children left behind, if any.

There you go. Those are the five grounds for a divorce.

Bottom Line

A no-fault divorce is mostly applied because there is no evidence of wrongdoing. This aspect of divorce has taken over the grounds of filing a divorce.

Note that whatever the case is, do well to seek the advice of a family lawyer before filing for a divorce. Think through the process, and consider your children, if any, to get the most out of your decision.

Filed Under: Law

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