What are the grounds for divorce?
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The laws of each state specify the grounds - the legal reasons - for which a divorce can be granted. Until 20 or 30 years ago, the only legal reason for obtaining a divorce was that the other spouse was guilty of some variety of marital misconduct and was at fault for the marriage not working. Many states have retained their fault-type grounds for obtaining a divorce, but all states now allow divorces to be granted regardless of who is at fault. Some states have only no-fault grounds. No-fault divorces are usually granted for reasons such as the existence of an irretrievable breakdown, irreconcilable differences, or incompatibility. In the states where fault grounds are still used, a spouse may be able to gain a better property division or alimony result by proving that the other party was at fault or guilty of marital misconduct. In no-fault states, property is divided regardless of fault by either party. Please see specific state for details and/or differences.
What are the grounds for divorce?
This is not a substitute for legal advice. An attorney must be consulted
ALABAMA Alabama has both fault and no-fault grounds for divorce. Under Alabama law, fault is a factor to be used by the court in dividing property. The misconduct of a party could be used to reduce the share of property being awarded to that party. Alabama Code 30-2- 52. The circuit court has the power to divorce persons for the following reasons: 1) a party was at the time of the marriage physically and incurably incapacitated from entering into the marriage state; 2) adultery; 3) voluntary abandonment for one year preceding the filing of the complaint; 4) imprisonment in the penitentiary in Alabama or in any other state for two years, the sentence being for seven years or longer; 5) the commission of a crime against nature whether with mankind or with beast either before or after the marriage; 6) becoming addicted after the marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or another drug; 7) a complete incompatibility so that the parties can no longer live together; 8) when a party has been confined in a mental hospital for five successive years, if such party is hopelessly and incurably insane at the time of the filing of the complaint, providing that the superintendent of the mental hospital provides a certified statement that it is his opinion that such person is hopelessly and incurably insane; 9) an irretrievable breakdown of the marriage, and that further attempts at reconciliation are futile and not in the best interest of the family; 10) in favor of the husband, when the wife was pregnant at the time of marriage without his knowledge or agency; 11) when one party has committed violence against the other or when, from a party? s conduct, there is reasonable comprehension of violence; or 12) in favor of the wife when the wife has lived separate and apart from the support of the husband for two years prior to the filing of the complaint, and she has resided in Alabama during the two years. Alabama Code 30-2-1. ALASKA Alaska has both fault and no-fault grounds. If even fault grounds are the basis for a dissolution action, marital fault is not relevant to the division of property. AS 25.24.160(4). A divorce may be granted for any of the following fault grounds: 1) failure...
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