What are the Grounds for a Divorce From the Bond of Matrimony?
Separation (No-Fault) Divorce. The plaintiff my obtain a “no fault” divorce from the bond of matrimony upon a showing that for more than one year the husband and wife both intended to and have continuously lived separate and apart without any cohabitation. If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months. Although separation provides a “faultless” ground for divorce, fault may still be an issue when spousal support (alimony) is being sought. Further, a judge is free to award a divorce on fault grounds even though “no fault” separation grounds exist. Adultery. In order to prove adultery, the plaintiff must present evidence that is specific, clear, and convincing. While there must be some corroboration of the testimony of a spouse to prove adultery, “eyewitness” testimony as to the adulterous acts is not required but may be conclusively shown by some other eviden
