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Grounds for Divorce- What Should I Be Looking For?

When looking for divorce advice, the first tip you’ll likely come across is to decide on your grounds for divorce before deciding anything else. But knowing the unique reasons why you can divorce in your own state is often confusing and unclear. Below is a list of common ways that the divorce process begins, although reasons for divorce do vary from state to state.

Irreconcilable Differences

This phrase is loosely applied in most states to mean anything that breaks down the functionality of marriage. This can include personal reasons such as religious change or serious reasons such as constant fighting and bickering. Sexual problems, a change in priority, and failure of expectations are other reasons. Getting clear divorce help for proving irreconcilable differences is often more difficult.

Adultery

The number one reason why people get divorced is due to infidelity. But “adultery” in the legal sense means different things from state to state, so know what constitutes cheating in your own area. Interestingly, some states also allow divorce if the wife has mothered a child from another father, even if adultery has not been proven.

Personal or Substance Abuse

Abuse of one or both of the spouses is almost always grounds for divorce. Substance addiction and abuse is also a common factor in many divorce proceedings. Alcoholism is the number one substance abuse that causes divorce, but that’s not all you can separate because of. Most states allow separation based on the abuse of any drug or narcotic, including many prescription drugs that a doctor may have ordered.

Neglect or Separation

To use neglect or separation as a basis of divorce, there is normally a time period that must be satisfied in order for that basis to stand in court. It’s important to also understand that neglect is when one spouse leaves the other without support or aid, whereas separation is a consensual parting of spouses. With both, though, a time period must be met.

Insanity

Although not allowed in a good portion of states, insanity is another common ground for divorce. Often, you can plead insanity in divorce case under “irreconcilable differences” even if the problem is not outlines specifically in state law. Insanity at the time of marriage, after marriage, and with or without treatment is common occurrences that fall under the “insanity and instability” category.

You Can Really Get a Divorce because of That?

Region to region, divorce laws are all different. Sometimes, a funny and often ridiculous divorce law sneaks through the cracks into legality. Often, this is due to old laws never having been refuted in court. Sometimes, though, states institute special divorce circumstances due to events in the states history. Some unusual and often funny grounds for divorce include:

  • In many states, you can divorce your spouse over impotency.
  • You can divorce in New Hampshire if a spouse has joined a conflicting religious sect.
  • In some states, only a court can decide whether or not there has been an “irretrievable breakdown of marriage relationship.”
  • Some states only allow divorce with the abuse of some drugs and not others.

Choosing Your Grounds

Even though learning how to divorce is often difficult, thoroughly understanding the laws in your state is the first step to making this process clear. Most commonly, irreconcilable differences, abuse, cheating, and neglect are grounds for divorce. After that, laws vary from state to state, sometimes even straying into the “weird” zone.

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