The laws in each of the 50 states establish acceptable reasons for filing for divorce, according to "The Complete Divorce Handbook: A Practical Guide." No matter where you reside, you must familiarize yourself with these acceptable reasons for pursuing a marriage dissolution case. The information is available in the divorce statutes of your state, which can be found through the website maintained by your state's legislature.
No-Fault Divorce
No-fault divorce laws do not require that you demonstrate any wrongdoing by your spouse to terminate your marriage, according to the Cornell University Law School. The acceptable reason to pursue a no-fault divorce is based on a demonstration of irreconcilable differences. Irreconcilable differences mean that you and your spouse no longer can live together as husband and wife. Additionally, you must show that no reasonable chance for a reconciliation exists.
Fault Divorce
In those states that maintain fault divorce laws, you must demonstrate your spouse committed some type of marital wrongdoing in order to pursue a case, according to Cornell University Law School. The types of wrongdoing that render a fault divorce acceptable vary from one state to another. Nonetheless, some commonality does exist in all jurisdictions in regard to marital wrongdoing sufficient to support a fault divorce proceeding.
Examples of misconduct include abuse of or addiction to mind altering substances, adultery and abuse.
Intentional Abandonment
Intentional abandonment represents another permissible grounds upon which you can seek a divorce. Intentional abandonment crosses the line between fault and no-fault divorce. Abandonment provides support for a contention that you and your spouse face irreconcilable differences. Additionally, in states that permit fault divorce, abandonment oftentimes is considered as marital wrongdoing that's sufficient to support marriage termination.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
