Grounds For Divorce: Do They Matter?

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All states now allow married couples to be divorced without having to state fault. Other than irreconcilable differences, there is no need to state any grounds for divorce either. However, that doesn't mean that the reason for the divorce doesn't matter. To learn more, read on.

If Grounds Are Present

It's up to the parties when it comes to naming grounds. Nothing requires the parties to place blame for the destruction of the marriage on any party. You should understand, though, that when grounds like those listed below are mentioned, it can influence the way your divorce unfolds.

1. Impotence
2. Incarceration
3. Mental health issues
4. Substance abuse problems
5. Abuse
6. Bigamy
7. Abandonment or desertion
8. Adultery

How Grounds Influence Divorce

Though few divorces use grounds anymore, when they do, it can have quite a bit of impact. Grounds can affect child custody, visitation, spousal support/alimony/maintenance, and property and debt divisions. For example, a party proven to be at fault might be punished by receiving less of the marital property pie. It should be emphasized that unproven grounds are no grounds at all and won't influence the divorce. If you desire to show grounds with your divorce, be ready with police reports, records, witnesses, photographs, and more.

Defenses Against Grounds

When it comes to divorce, the family court judge is not there to hand down criminal judgments. Everything about divorce court is different, and what might be required in another court won't be necessary for family court. That means that anyone having to defend themselves against the above grounds can use the below excuses to do so:

• The party can say that their spouse condoned such behavior for some time or never complained about it. In other words, they looked the other way.
• The party might say that the other party tricked them into one of the above grounds. For instance, one party brought drugs into the home and pretended to use them while filming the other party actually using them.
• Both parties are guilty of the same behavior. You should not accuse your spouse of cheating if you are also cheating. They cancel each other out.

Divorces in which grounds are involved are bound to be longer, messier, and more expensive. That said, you don't have to stand aside and be accused of things unfairly that could end up creating an inequitable divorce. To learn more about grounds for divorce, speak to a local divorce attorney.

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18 August 2021