The legal grounds for divorce are the legally accepted reasons a couple can end their marriage. There are both fault and no fault reasons for a divorce, and the spouses may claim more than one ground when they file. The grounds alleged impact how courts award alimony and property division. If you are considering filing for divorce, a Miami divorce lawyer can help you understand the various legal grounds.
The majority of states are now no-fault divorce states, which means that one spouse does not have to prove marital misconduct for a court to grant the divorce. However, some states still allow fault-based grounds for divorce. Those include adultery and cruel treatment.
In a fault-based divorce, one spouse alleges that the other spouse’s behavior has led to the irretrievable breakdown of the marriage and that reconciliation is unlikely. Fault-based divorces are generally more contentious and require more proof than no-fault divorces.
Some of the most common fault-based grounds for divorce include desertion, adultery, and physical or emotional cruelty. In order to be granted a divorce on the grounds of desertion, you must show that your spouse left you without any intention of returning for at least one year. A single act of sexual intercourse will not break the year-long requirement. You must also show that you and your spouse did not cohabitate during this time.
Physical or mental cruelty is a more serious reason for divorce. A spouse can only be granted a divorce on this basis if their conduct was so severe that further attempts at reconciliation are impractical and not in the best interests of any children involved. This includes violent actions, as well as abusive language and neglect.
If you want a divorce because your spouse committed adultery, you must show that the cheating took place for at least six months before you filed for divorce. The court will then decide whether or not the adultery has caused an irretrievable breakdown of the marriage. You must also prove that you did not consent to the adultery and did not have any sexual relations with your spouse while they were engaging in it.
In some cases, a spouse can get a divorce on the basis of physical or mental insanity. In this circumstance, you must show that your spouse has a severe mental or physical condition that renders them incapable of managing their own affairs and does not have the capacity to understand you. This condition must be permanent and must have been diagnosed by a medical professional before you can file for divorce on this basis.
As you can see, the legal grounds for divorce vary across states and depend on a variety of circumstances. It is important to work with an experienced attorney who can help you determine which ground to use when filing for divorce. A Miami family law attorney can help you determine how to present evidence to support your claims and ensure that all legal requirements are met during the divorce process.