What are the grounds for divorce?
A. The “grounds” for a divorce is nothing more than a legally recognized reason for the dissolution of a marriage. As of October 14, 2010, New York is a “no-fault” state. That is, New York now recognizes “no-fault” actions for divorce based upon the “breakdown of a marriage” for a period of more than six (6) months.
Illinois has two types of grounds for divorce: fault and no fault. The no fault grounds are called irreconcilable difference. Essentially, this means that the two parties just don’t get along any more, and one, or both of the parties want to dissolve the marriage. There is a two year separation period when filing under the irreconcilable differences grounds (which can be reduced to 6 months by agreement), which is why sometimes, parties will file for divorce under one of the fault grounds. Fault grounds do not have a waiting period. The only thing you have to prove is the fault.
Maryland has “no-fault” and “fault” grounds for divorce. The no fault grounds are: (a) mutual and voluntary separation for one year, (b) two years of separation even if the separation was not mutual and voluntary. The fault grounds for divorce include: (a) desertion, (b) constructive desertion, (c) cruelty (d) adultery. Mutual and Voluntary separation for one year: To get a divorce based on a mutual and voluntary separation the parties must have agreed to separate with the intention of ending their marriage. In many cases where the separation does not begin as a mutual and voluntary separation, the parties later agree that it is mutual and voluntary and can proceed with a divorce based on this ground. Two Year Separation: If the parties are separated but one party did not agree to the separation, the party who wants a divorce will be able to get one after two years have passed. Desertion: To obtain a divorce based on desertion (or abandonment) a person must prove that the parties have