Grounds For Filing A Divorce; What You Need To Know
In all divorce cases, the duo must provide legal grounds that warrant the termination of their marriage. There are different ways divorce application. However, every case is unique and requires specific reasons for the divorce request.
Any divorce aims to is to dissolve the union and divide financial assets and liabilities accumulated over the marriage period. Child custody and support is also critical element if the couple has children who are still minors. The combination of reasons for filing a divorce makes it a highly complicated legal tussle. You will need a Salt Lake city divorce attorney to represent you and pursue your interest and rights.
Legal grounds for divorce
Legal grounds typically refer to the reasons that justify the ending of a marriage. Reasons differ from state to state but most countries’ basic reasons allow one to fill a divorce.
There are two types: no-fault divorce and fault-based divorce.
- No-fault divorce- this is a divorce request characterized by irreconcilable differences between the couple. It can also be requested after a three-year legal separation that fails to bear fruits.
- Fault-based divorce- This is a petition to the court to dissolve a marriage because of promiscuity or unfaithfulness, addiction to alcohol and other drugs, and violence causing mental distress and bodily harm. Acceptable grounds for divorce vary from one to another.
The conduct of a spouse behavior earn one a divorce
No-fault divorce is the most common method for dissolving marriages. However, for some couples, it is not the most appropriate. To cater to such couples, a divorce lawyer can petition the court for a divorce based on the bad behavior during the marriage.
Acceptable reasons
- One partner is impotent at the time of the union
- Promiscuity by either party
- Willfully deserting the family for more than one year
- Habitual drunkenness and drug addiction
- Conviction of a felony by a court of law
- Violence resulting in bodily harm and injury or causing mental distress
- Negligence or refusal to provide the necessities of life
- Infirmities such as incurable insanity or mental illness
If a spouse accuses the partner of marital misconduct or mental illness, the accusing party must provide medical reports or witness testimony. Tangible proof supports the allegations presented in the court and forms the basis for divorce.
Other requirements for a divorce
The partner requesting for divorce must prove that the offending party has been a resident of that state. The stay in the country in question can vary from one state to another, but most require a minimum of three months.
After filing a divorce, one must wait for three months before the court can offer a hearing to the divorce. The 90-day waiting period is a creation of the law to allow the couple to cool off. It also helps them make any property and spousal support arrangements.
If the couple finds the period too long, either of them can ask the court to waive the waiting session.
Filling a divorce is one thing; following it up until a settlement is another. A professional divorce lawyer makes the process smooth.
