What are the grounds for a divorce?
Florida is a “no fault” state. Neither party needs to be blamed for the breakdown of the marriage. There are two grounds for divorce. The most common ground for a divorce is that the marriage is irretrievably broken. This means the marriage cannot be saved with the help of counseling or medical help. An infrequently used ground for divorce is the mental incompetence of one spouse. A divorce may be granted if one of the parties has been mentally incompetent for at least the past three years.
The “grounds”, or basis for divorce in New York, are the following: • cruel and inhuman treatment; • abandonment; • imprisonment; • adultery. These grounds are based upon the “fault” of one of the parties. The other ground– living separate and apart under a separation agreement or separation decree for at least one year after signing– is a ground for divorce in which neither spouse is at “fault”.
New York has six grounds for divorce: Cruel and inhuman treatment, adultery, abandonment for a full year or more, imprisonment for three years or more, living separately for one year under a separation judgment granted by a Court, or living apart for one year under a separation agreement, that allows the parties to convert the judgment or agreement into a final judgment of divorce.
Texas law recognizes both “no-fault” and “fault” divorces. A no fault divorce is a divorce that is granted without the spouse who initiates the divorce having to allege and provide marital misconduct on the part of the other spouse. On the other hand, a fault based divorce is a type of divorce in which the spouse who initiates the divorce provides a very specific reason for the divorce such as cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Reasons for choosing to do a “no fault” vs. a “fault” divorce is with fault divorces, if one party is at “fault” for the breakup of the marriage, the court may take that into consideration in determining what is an “equitable” division of the property. For that reason, the other spouse may want to plead fault grounds in their petition. Otherwise, insupportability would be the grounds for divorce for those opting to do a “no-fault” divorce. Declaring insupportability renders a finding of disc
New York has six grounds for divorce. Four of the “grounds” are based on the “fault” of one of the parties cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The other grounds one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties, enable us to obtain a “no-fault” divorce, in which neither spouse is judged to be at fault, provided that the spouse seeking the divorce has substantially complied with the provisions of the judgment or agreement.
