What are the legal grounds for obtaining a dissolution of marriage (a/k/a “divorce”)?
The grounds for dissolution of marriage depend on the state, and may be based on no-fault or fault. A no-fault dissolution is available in some form in all 50 states; many states also have fault-based grounds as an additional option. A no-fault dissolution is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common bases for no-fault dissolutions are “irreconcilable differences,” “irretrievable breakdown” or “incompatibility.” Another common basis for no-fault dissolution is that the parties have lived separately for a certain period of time (varies from state to state) with the intent that the separation be permanent. The list of grounds for a fault-based dissolution may include: adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency, and infection of one’s spouse with veneral disease.
