Five Grounds for Divorce
The grounds for divorce, also known as "faults" for divorce, are five legally recognized reasons as to why one member of a couple can sue for divorce. By claiming one of these faults, a member of a couple can provide evidence that the other member is at fault and begin the divorce process. The grounds for divorce, in regards the period of separation, vary from state to state, but the five basic grounds are recognized nationally.
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Cruelty
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Cruelty, which is defined as inflicting unnecessary emotional or physical pain, is one of the most commonly used grounds for divorce. Although the definition of cruelty as grounds for divorce differs from state to state, it is commonly accepted that domestic violence falls well within the definition of unnecessary emotional and physical pain. For example, in West Virginia law code, the definition of cruelty is stated as "Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable."
Adultery
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Adultery is the breaking of the matrimonial bond of monogamy, and it is considered valid legal grounds for divorce. Legally, adultery specifically refers to sexual intercourse with a person who is not your spouse and does not include emotional adultery. Adultery can be difficult to prove, as allegations of adultery are not sufficient to seek a divorce in most states. Additionally, if both spouses commit adultery that can nullify the claim of fault in some states.
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Desertion and Confinement in Prison
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Desertion is the abandonment of one member of the couple by the other for a set length of time. The length of time that constitutes abandonment differs by state. Similar to abandonment, if one member of the couple is confined in prison for a set length of time (again, dependent on each state's legislation), divorce can be sought on those grounds. In some states, abandonment can also include sexual abandonment and departure without intent to return.
Inability to Engage in Sexual Intercourse
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Similar to sexual abandonment, the physical inability to have sexual intercourse if not disclosed before marriage is considered legal grounds for divorce. The inability to engage in sexual intercourse can be difficult to prove in court, although it can be argued in cases of abandonment as if one member of the couple left the other for a year, there is no question of whether sexual activity occurred.
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References
- Divorce Law Info: Grounds for Divorce
- Divorce Law Firms: Grounds for Filing Divorce in New York State
- Justia U.S. Law: 2009 West Virginia Code CHAPTER 48. DOMESTIC RELATIONS ARTICLE 5. DIVORCE. §48-5-203 Grounds for divorce; cruel or inhuman treatment
- Justia U.S. Law: 2009 West Virginia Code CHAPTER 48. DOMESTIC RELATIONS ARTICLE 5. DIVORCE. §48-5-204 Grounds for divorce; adultery.
- Justia U.S. Law: 2005 Idaho Code; 32-603 --- CAUSES FOR DIVORCE
- Justia U.S. Law: 2006 Massachusetts Code; Section 22. Desertion; proof.
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