Grounds for divorce (United States)
are regulations specifying the circumstances under which a person will be granted a divorce. Each state in the United States has its own set of grounds. A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded.
Several states require that the couple must live apart for several months before being granted a divorce. However, living apart is not accepted as grounds for a divorce in many states.
In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault. In the past, most states only granted divorces on fault grounds, but today all states have adopted the no fault divorce. Fault and no-fault divorces each require that specific grounds be met. A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state. Neither party is held responsible for the failure of the marriage. On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage. Several grounds for fault divorce include adultery, cruelty, abandonment, mental illness, and criminal conviction.
There are, however, additional grounds that are acceptable in some states such as drug abuse, impotency, and religious reasons.
While there are various grounds for divorce across the United States, there are also defenses that can be raised in response to many divorce claims.
These defenses include insufficiency of evidence that the spouse in fact engaged in the conduct cited, acceptance of the alleged conduct at the time when it was engaged in, the complaining party's having engaged in similar conduct of his/her own, and absence of or insufficiency of evidence proving other conditions invoked as grounds.
History
Divorce laws have changed a great deal over the last few centuries. Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule.Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. During colonial times, grounds for divorce were more limited in scope, both in terms of which grievances could qualify as grounds and in terms of who was able to use them.
In the 18th century, such concerns as infidelity, alcohol abuse, mistreatment, abandonment, and impotence were among the few reasons that could qualify as grounds for divorce. For much of America's history, wealthy men were the people most able to seek and to receive a desired split. By the 1960s, however, women and citizens of fewer means found the conditions for seeking divorce more accessible. At this time, the law required that one partner be at-fault in order for the couple to pursue the termination of their marriage.
This constraint arose out of the desire to ensure that all of the basis for divorce be adequate. Prior to this, people used such issues as incompatibility or a decline in lucidity as grounds; the court eventually came to see these problems as not severe enough to warrant divorce, however. In the 1970s, no-fault grounds gained favor in many states, and in 2010, New York became one of the last of the fifty states to allow no-fault divorces even in cases where there was no mutual consent to the divorce. The other states still requiring mutual consent for no-fault divorce are Tennessee, Mississippi, and South Dakota.
No-fault divorce
Every state in the United States allows the acquisition of no-fault divorce.When the marriage partners mutually agree that they no longer feel the marriage is worth continuing, a no-fault divorce will allow the couple to obtain a divorce easily.
In order to obtain a no-fault divorce in only Tennessee, Mississippi, and South Dakota, the parties must mutually consent to provide information regarding incompatibility or why the marriage partners have changed, grown apart, or have irreconcilable differences. Otherwise, in the rest of the country, only one party has to file for irreconcilable differences, and any excuse will do. If a state requires a separation period, either or both spouses may be required to bring a witness to testify that the parties have been living apart for the required amount of time.
History
In 1969-1970, California became the first state to pass a purely no-fault divorce law, i.e., one which did not offer any fault divorce grounds. It terminated all fault grounds for divorce, and used single no-fault standards making divorce easier and less costly. During the next 15, years no-fault divorce became more common in various states throughout the United States. Some states offer both fault and no-fault options. However, the states that do not carry both options have only the one option of no-fault grounds.Separation
Marriage partners who are living apart have grounds for no-fault divorce.Like Louisiana, various states have statutes requiring the parties to live apart from one another for a certain period of time. The reason the time limitation exists is to see if the couple can reconcile. For example, differing from Louisiana, Pennsylvania state law does not permit legal separation.
Different states have different time periods of separation as grounds for divorce:
| State | Time period | Ref |
| California | 6 months | |
| Texas | 3 years | |
| Florida | - | |
| New York | 1 year | |
| Illinois | 6 months | |
| Georgia | 30 days | |
| North Carolina | 1 year | |
| Virginia | 1 year | |
| Maryland | 6 months | |
| Missouri | 30 days |
Irretrievable breakdown
In the United States, many states allow spouses to divorce if they are no longer willing to live with one another.However, some states use different terminologies for a marriage that breaks down. The cause of the breakdown is legally termed as "irreconcilable differences" or "incompatible of temperament." This breakdown occurs through no fault of the spouses, without blame to one another, and commonly represents grounds for divorce. Regardless of the terminology used, all states allow parties to divorce if the marriage breaks down and the couple agrees that the marriage will not work. In order to attain a divorce on grounds that the marriage is over, the couple is required to prepare an affidavit that the marriage is irreparably broken and sign it under oath. An alternative to a sworn statement is to agree in writing that the marriage is broken beyond repair.
State acceptance
Every state within the United States accepts the no-fault divorce. This option is more common than a fault divorce as it can be more convenient and less expensive. Many believe that a no-fault divorce also causes less strain on a family with children than a fault divorce. By law, one member from the party must acknowledge that the marriage is beyond repair.Advantages and disadvantages
Multiple surveys have been given to the American people requesting their opinions regarding no-fault divorce. The surveys revealed that 50% of Americans are disappointed with no-fault divorce and would like alterations to the system to make no-fault divorce more difficult. A no-fault divorce is much easier to obtain than a fault divorce. They save time and money plus neither party has to provide evidence. A no-fault divorce also allows the divorcing parties to have privacy, which can allow them to work with each other during the difficult time.Even though a fault divorce is more time-consuming, and could even be more likely to violate the parties' privacy, a fault divorce might need to be considered. For example, when the party is going through a fault divorce trial the husband/wife might be convicted of being an unfit parent, which will require evidence so the spouse can be found guilty of abuse.
Fault divorce
A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. For example, in Texas, grounds for an "at-fault" divorce include cruelty, adultery, a felony conviction, abandonment, living apart, and commitment in a mental institution. The party filing for the divorce must prove that the other party has done something to justify ending the union. Different states have different requirements for obtaining a fault divorce but in each state the spouse filing for the divorce is required to establish a reason for the divorce and provide evidence of the other party’s guilt. The specific grounds for receiving a fault divorce include adultery, impotency, infertility or homosexuality of the other party that was not discussed before the union; criminal conviction of a felony or imprisonment of one party for a certain length of time; abandonment or desertion, cruelty, or mental instability of one of the parties.Divorce courts require proof be given that the grounds actually exist. This can be accomplished by providing testimony from a hired detective with documentation of the spouse's bad behavior or from someone who witnessed or has first-hand knowledge of the spouse's bad behavior. There are defenses a spouse can use to convince the court that he or she is not at fault in order to have the grounds dismissed and possibly prevent a fault divorce. These defenses include collusion, condonation, connivance, and provocation.
Fault divorces are becoming less common today because every state now recognizes no-fault divorces. No-fault divorces are more common since no proof of fault is required. They are not as costly, can be completed faster, and can be less stressful on the family members. However, fault divorces are advantageous if a quick divorce is desirable. This type of divorce is granted quickly without the waiting period of no-fault divorces where parties are ordered to live apart for a specific amount of time before the divorce is finalized. Another benefit of a fault divorce is the monetary gain. Proof of the accused party's wrongdoing may result in the court granting the filing spouse a larger portion of the marital property or increased support and alimony. However, fault divorces are considerably more expensive to obtain than no-fault divorces.
The most common fault grounds include the following: