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Grounds for Divorce: Legal Definitions and Key Insights
Definition & Meaning
The term "grounds for divorce" refers to the legal reasons a person can use to obtain a divorce. Each state has specific regulations that outline these grounds, which can be categorized into two main types: fault and no-fault. A fault divorce requires one party to prove that the other engaged in misconduct, such as adultery or abandonment. In contrast, a no-fault divorce allows one or both parties to claim that the marriage has irretrievably broken down without needing to assign blame.
Table of content
Legal Use & context
Grounds for divorce are primarily used in family law. They determine the legal basis for terminating a marriage and can influence the divorce process, including division of assets and custody arrangements. Understanding these grounds is essential for individuals considering divorce, as it helps them navigate the legal system, potentially using legal templates available through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A spouse files for divorce citing adultery as the reason, providing evidence to support their claim. This would be considered a fault divorce.
Example 2: A couple agrees to end their marriage by stating they have irreconcilable differences, opting for a no-fault divorce. (hypothetical example)
State-by-state differences
State
Fault Grounds
No-Fault Grounds
California
Adultery, abandonment
Irreconcilable differences
New York
Adultery, cruel and inhuman treatment
Irretrievable breakdown
Texas
Adultery, conviction of a felony
Insupportability
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Fault Divorce
Divorce based on proven misconduct by one party.
No-Fault Divorce
Divorce without proving misconduct; based on irreconcilable differences.
Common misunderstandings
What to do if this term applies to you
If you believe you have grounds for divorce, consider the following steps:
Assess whether you want to pursue a fault or no-fault divorce based on your circumstances.
Gather necessary documentation to support your claims, especially for fault divorces.
Explore legal templates from US Legal Forms to help you file for divorce.
If your situation is complex, consult a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.