What are the grounds for divorce?
Deciding to pursue divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves financial matters that must be resolved and legal issues that must be addressed. A family law attorney at Lisa Lane McDevitt in Vienna, Virginia, can help you to understand the basic issues involved in divorce and to use a rational approach to the divorce process.
Grounds for Divorce
Traditionally, a person filing for divorce had to prove grounds (fault) to obtain a divorce. Today, the majority of states allow at least one form of no-fault divorce that does not require proof of fault. If no-fault divorce is available in your state, either you or your spouse may obtain a divorce even if one of you does not consent.
Some states may require a legal reason for divorce. These are called fault-based divorces. Those states requiring a showing of fault have statutes that specifically outline the different types of conduct that are required before a divorce can be granted. Some of the more common types of fault that may be grounds for divorce are adultery, mental illness, conviction of a felony, abandonment, drug abuse, cruelty, impotency and bigamy. In some states, both fault and no-fault divorce are available, and some courts consider fault when determining the amount of spousal support owed by one spouse to the other.