Divorce Grounds

Generally speaking, most people file for divorce on no-fault grounds. Depending on your state, no-fault grounds for divorce can be based on such issues as irreconcilable differences or living separate and apart for a period of time. Some states still recognize fault grounds such as adultery, physical or mental cruelty, or conviction of a felony. Before you file for divorce, you should know the grounds available in your state and choose one or more appropriate grounds in your petition filed with the court.

Filing on no-fault grounds typically makes the divorce process easier. With no-fault grounds, neither spouse has to prove the other spouse did something wrong that resulted in the breakdown of the marriage. The parties still must produce evidence and prove facts that form the basis of the no-fault divorce. If the divorce is based on irreconcilable differences, the proof may be as simple as both parties testifying that the marriage is broken. For divorces based on living separate and apart, there must be some testimony produced that the parties were living separate and apart, although it usually not be necessary to prove that the parties were living in separate households. In some states, only one party or both parties need testify, while other states may require independent witnesses to testify to the grounds for divorce.

Fault grounds are typically more complicated as the court requires evidence be presented that proves the fault allegations. It can end up being your word against your spouse's, as it is easy to deny such allegations, especially if your evidence is shaky or even insufficient.