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Questions about Legal Grounds for Divorce

‘Grounds for Divorce’ are the guidelines that specify the circumstances under which a person would be granted a divorce. Some examples for grounds for divorce are adultery, desertion, cruel treatment, imprisonment, drunkenness and physical incapacity. Grounds for divorce vary from state to state, so you should check your state laws to identify the grounds that may be used while filing a divorce. You could also ask a Family Lawyer on JustAnswer to evaluate the particulars of your case and provide Expert opinion on the divorce grounds that you can consider. Below are the top questions about divorce and the grounds of divorce, answered by Experts on JustAnswer.

Is abstinence in the bedroom grounds for divorce?

While abstinence isn't by itself a ground for divorce per se, it could be used to establish other grounds for divorce. One of the grounds for divorce is insupportability. Insupportability means that the marriage has become insupportable due to conflict of personalities leading to the end of the marital relationship with no expectation of reconciliation.

Is abandonment grounds for divorce?

Abandonment would usually be considered a ground for divorce if one spouse abandons the other spouse for a year or more. This would include physically moving out of the home. Individual circumstances though, are seldom black-and-white. Peculiarities of individual circumstances and the differences in laws from state to state can significantly impact a divorce case. If you have questions about what constitutes grounds for divorce, you can ask a Family Lawyer on JustAnswer. The Experts can explain the legal aspects of divorce and help you find a solution for your problem.

Is an emotional affair legal grounds for divorce?

The answer to this question would be both yes and no. While an emotional affair could be used as grounds for a divorce, you wouldn’t normally have to list it as a reason because you could file for divorce on the grounds of irreconcilable differences. You wouldn’t necessarily need to use “grounds” or “fault”. However, most states retain grounds for divorce when one spouse claims fault when divorcing, such as neglect, assault and affairs. Because of this, the court could award the spouse who files under these grounds, additional money or community property.

Can an affair be used as a ground for divorce if the affair happed years ago?

Adultery is recognized as one of the grounds for divorce even if the affair happened years before. The courts recognize that there are times when couples try to work on their marriage after an affair. Generally, the couple will seek marriage counseling as a means to repair the marriage. Months or years could pass before the couple decides that the marriage is not going to work and opt for a divorce.

If a person claims adultery as a ground for divorce, what evidence would be needed?

Adultery is a serious claim to make on little evidence. In order to make a case that will stand up in court, you will need to have conclusive evidence. You can keep a list of each time that you suspect your spouse to have committed adultery. A few things to keep on record would be photos, copies of letters, cards, text messages, telephone messages, etc. The evidence you produce usually should convince the court beyond any doubt about the existence of adultery before it grants divorce on that ground.

If you are considering divorce and want legal answers to your questions, you should speak with someone who is experienced in handling complex divorce situations. Friends and family are always ready to give you an opinion but you probably need something more solid, credible and legally knowledgeable. If you have questions about the grounds for divorce, you can ask a Family Lawyer on JustAnswer to provide an expert opinion on your case. The experts can answer your legal questions and offer solutions for your individual situation.
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