Grounds for Divorce

The set of rules and regulations for each state, which spell out the conditions under which a person may divorce the spouse, is called ‘ground for divorce’. When there are extreme differences between partners, that cannot be reconciled then too divorce is sought. 

At the turn of the century, four significant aspects of divorce law were adopted in all states across the country. They were
  • Fault based grounds
  • One party’s guilt
  • Continuing gender based marital responsibilities even after the divorce
  • Linking financial awards to faults found
The rules vary from state to state in the US and from country to country. In some countries, the couple has to stay apart for some months before divorce is awarded. 
 
The circumstances, under which divorce can be granted, in general, are
  • Physical and/or mental abuse
  • Deserting the spouse
  • Adultery
  • Consistent substance abuse (drugs/alcohol)
  • Impotency
  • Irresponsible behavior (Refusing to take up financial responsibility, anti-social activities and so on) 
When the differences cannot be reconciled the divorce is termed as no fault divorce. The grounds for permitting divorce under these circumstances are
 
  • The differences between the couple are too many to contemplate their getting back together
  • No reconciliation effort has worked
  • Any more reconciliation attempts would not yield results; instead would cause stress and inconvenience to parties concerned
  • The couple has lived separately for two years and more after wanting a separation 
Sometimes a couple may not have completed the obligatory two-year term of separation and may want a divorce after about 5 or 6 months. The Court will grant the divorce in such cases, if the need to live separately for two years and more, has been cancelled as per the stipulation written by both partners and filed with the court. 
 
As mentioned earlier there are different laws governing the grounds for divorce in different states of the US. 
 
Grounds for Divorce in California State
  • The first Divorce law came to effect in California State in 1851. In the past 160 years there have been several amendments in the divorce laws. 
  • A marriage can be ended for two major reasons (1) Irreconcilable differences between the couple and (2) Incurable insanity
  • The court will decide whether the irreconcilable reasons are sufficient to grant divorce
  • Divorce is granted for the latter reason provided there is ample proof including health reports by medical and psychiatric professionals that the spouse was (at the time of filing for divorce) and still remains incurably insane (California Code - Sections : 2310)
  • All divorce cases in California that are filed must mention the grounds for divorce with sufficient testimonials
  • Without proofs and testimonials to substantiate the filing for divorce, the court may dismiss the case. 
 Before filing for divorce, a petitioner should be aware of all the legalities involved and the repercussions, both long term and short term, which may arise from the decision to divorce. For more clarifications you can visit the site http://www.leginfo.ca.gov/



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