Divorce is a complicated legal process. It begins with one spouse petitioning the courts to terminate the marital relationship. The spouses can either work cooperatively or litigate. The spouse who decides to initiate the divorce process has to file paperwork with the courts seeking either a no-fault or fault-based divorce. The approach that they employ may depend on the circumstances leading to the divorce.
What legal grounds do spouses need to establish to end a marital relationship?
Many people file no-fault divorces
No-fault divorces do not require any proof of misconduct. They tend to be somewhat faster and less contentious, making them a popular option. One spouse simply needs to testify that there are irreconcilable differences that make the marital relationship unsustainable.
Fault-based divorces are possible
The state also allows spouses to pursue fault-based divorces. The acceptable grounds for a fault-based divorce include:
- adultery
- desertion for 12 months or longer
- physical or mental cruelty
- separation lasting 18 months or longer
- substance abuse issues lasting 12 months or longer
- imprisonment for 18 months or longer
- institutionalization in a mental health facility for 24 or more consecutive months
- deviant sexual behavior
The spouse filing a fault-based divorce must have sufficient evidence of qualifying circumstances. Religious beliefs and a need for closure are among the reasons that people might consider pursuing a fault-based divorce.
Reviewing marital circumstances with a skilled legal team can help people determine whether no-fault or fault-based divorce grounds are the better option. No-fault divorce is more common, but fault-based divorce is possible in scenarios where people strongly desire to hold their spouses accountable for certain kinds of behavior.