Divorce Process - Grounds for Divorce

Getting Divorced, No Fault Divorce, Fault Divorce, Legal Terminology

Sep 10, 2009

Know about grounds for divorce and the divorce process. When getting divorced, it helps to know no fault divorce, fault divorce, and other legal terminology.

Sometimes, the divorce process can be quite complex. It is good to know something about grounds for divorce and the divorce process, and to have heard some of the legal terminology like no-fault divorce, fault divorce, and how it all fits together.

This article does not constitute legal advice. It is important for both husband and wife to consult with a family law attorney early in the divorce process, as this may help his or her long-term financial well being.

Divorce Process

It is impossible to explain the exact divorce process for each person in the United States, because every state has different divorce laws. Also, each family's circumstances are unique and laws may change over time.

There are, however, basic similarities in divorces, and though the terminology may be different, the basic principles in the divorce process are relatively uniform.

Do I Need Grounds for a Divorce?

Yes. From a legal standpoint, everyone must have grounds that establish the reason for their divorce. In everyday terms, one does not usually need a "reason" to get divorced. With a no fault divorce, there are less parts of the divorce process and one need not "prove" that a spouse is to blame for the failed marriage, though a fault divorce will require this.

A divorce court never really says that one person is right and one person is wrong. A divorce ends a legal marriage contract. Sometimes, it is helpful to think of a marriage contract as a business contract. Thinking in "business decision" mode may help to keep a person level headed through this emotional time.

Getting Divorced

Grounds for Divorce

What are “grounds for divorce”? According to Nolo’s Plain-English Law Dictionary, “grounds for divorce” means:

“Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds.” This is true even in a no-fault divorce.

No Fault Divorce

The Nolo dictionary continues to explain that in states which have “no-fault” divorce, the most common ground (or legal reason) for seeking a divorce is “irreconcilable differences”.

"Irreconcilable differences" basically means that two people are incompatible and are unable to get along; and there's no way that they will work it out. Courts seldom ask what these “irreconcilable differences” are.

So, in a way, those seeking a no-fault divorce are just saying that they want to end the marriage because they cannot get along with their spouse. However, a no-fault divorce can become much more complicated than it might sound.

Fault Divorce

Some states require than an individual give a more specific reason for wanting a divorce, though many states allow, both, no-fault divorce and fault-based divorce depending upon the specific circumstances.

According to Nolo’s Plain-English Law Dictionary, with fault-based divorce, one spouse must prove that the other was “guilty” or “at fault” to get a divorce. Traditionally, the fault-based grounds for divorce have been:

Issues That Must be Resolved

Before a divorce will be granted, there are several issues that must be resolved. Much of the time, these issues consist of:

If the husband and wife can agree on these issues, then a court will usually grant a divorce.

It is great if the husband and wife are friendly enough to talk to each other and come to an agreement on these issues, however, it is almost always imperative for both the husband and the wife to each have their own lawyer to advocate on their behalf (look out for them) during the divorce process.

Should Partners Get Their own Lawyer?

A husband or wife should not be afraid to hire his or her own attorney. Some short-term divorces are simple and straight forward, but if there are children and property involved, legal representation, for both parties, is important.

There are many unfamiliar concepts that will be discussed during a divorce. Some of the terms that an individual should become familiar with, before talking to a lawyer, are: grounds for divorce, no-fault divorce, and fault-based divorce.

Information from this article is not intended to be a substitute for advice from a lawyer, financial planner, therapist, or other professional. Please consult a lawyer or other professional for specific advice.

"Nolo's Plain-English Law Dictionary." Nolo Legal Solutions for You, Your Family, and Your Business, 2009. nolo.com

The copyright of the article Divorce Process - Grounds for Divorce in Divorce is owned by Christina Gregoire. Permission to republish Divorce Process - Grounds for Divorce in print or online must be granted by the author in writing.