Divorce grounds can differ depending on the jurisdiction, but they typically fall into two main categories: fault-based and no-fault grounds. This blog aims to explore different grounds for divorce and discuss each one in detail. Stay with us to find the answers to your questions.
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No-fault Grounds for Divorce
A no-fault divorce is a kind of divorce that does not require the spouse filing for divorce to prove fault. The spouse deciding to file for divorce does not need to prove the other spouse is at fault.
The most common reasons for a no-fault divorce involve irreconcilable differences, an irredeemably broken marriage, or an irretrievable breakdown of the marriage. These somewhat vague terms imply that the marriage cannot continue anymore.
The spouse filing the divorce petition is not authorized to object to the other party’s petition for a no-fault divorce. The court can regard that objection as an irreconcilable difference.
Typically, these states require the spouses to live separately for a specific period. After a waiting period, each party can file for a no-fault divorce.
Fault Grounds for Divorce
Fault grounds for divorce require one partner to demonstrate that the other party’s inappropriate behavior led to the breakdown of the marriage.
Adultery
The first fault ground for divorce is adultery. The following behaviors are usually considered adultery:
- Sexual relation of a married man with a woman other than his spouse.
- Sexual intercourse of a married woman with a man other than her husband.
Therefore, the following cases are not considered adultery if:
- There’s a non-marital relationship, but no sexual intercourse has happened.
- There has been sexual intercourse with someone of the same sex.
Unreasonable Behavior
Unreasonable behavior is the most common fault ground for divorce, as it encompasses a wide range of behaviors. Some examples include:
- Domestic Abuse
- Financial carelessness
- Social isolation
- Unsuitable relationship with another person
- Immoderate/lack of sex
- Alcoholism
- Uncontrolled/lack of socializing
Desertion
Desertion refers to a situation when someone’s spouse deserted them for a constant period of at least two years. Desertion is applicable only when:
- Your spouse has left without your consent
- Your spouse has left without justifiable reason
More Than Two Years of Separation
To use more than two years of separation as a fault ground for divorce, the following criteria must be met:
- The parties need to live separately for more than two years instantly before they present a divorce petition.
- Both parties must consent to the divorce.
More Than Five Years of Separation
If a spouse wants to use more than five years of separation as a ground for divorce, the following criterion must be met:
- The parties need to live separately for more than five years instantly before they petition for divorce.
For this fault ground for divorce, the person seeking divorce does not need the other party’s consent.
The most common fault grounds for divorce
- Adultery
- Unreasonable Behavior
- Desertion
- More than two years of separation
- More than five years of separation
What Is the Most Common Ground for a No-Fault Divorce?
Irreconcilable differences are usually the most common grounds for a no-fault divorce, as they are less complex than fault-based grounds.
Fault Divorce: Defenses
Unlike a no-fault divorce, a spouse is allowed to object to a fault-based divorce. Through the no-fault divorce process, the spouse must prove the fault is false by presenting a defense. The most common fault divorce defenses are:
- Connivance is considered an absolute defense against adultery. Connivance claims that the complaining spouse concurred and even took part in the adultery. Connivance also happens when the other spouse provides the opportunity by tempting someone to seduce their spouse.
- Condonation alleges that the other spouse is aware of the problematic behavior, forgives that conduct, and resumes the marital relationship. This is a defense against an adultery accusation.
- Recrimination refers to a situation when the complaining spouse is similarly at fault or participated in similar conduct.
- Provocation refers to a situation when one party provokes the other party to act in a specific way. Provocation can happen when one spouse perpetrates domestic violence against the other spouse. These actions may force that spouse to leave the home. The abusive spouse could not utilize desertion as a ground for divorce since their violence forced the other spouse to leave.
- Collusion is an agreement between spouses to create grounds for divorce. If one of the parties adopts a different opinion, collusion could be posed to reduce the grounds for fault-based divorce.
Proving any of these defenses can be costly and time-consuming, usually involving the use of witnesses. In addition, courts often grant divorces to people who request them despite provided defenses. These reasons usually prevent people from attempting defenses.
Leading Causes of Divorce
The leading causes of divorce can be outlined in the following issues:
1. Marital Infidelity
An extramarital affair can lead to wounded feelings, broken trust, and potentially irreconcilable differences. It is inarguable that marital infidelity is one of the leading causes of divorce. Isn’t it?
2. Financial Tensions
There will be disagreements or even incompatibilities within any marriage. Some are more significant than others, and one of the most serious is financial issues. Disagreement over financial issues can be an important source of friction.
If spouses have different lifestyle preferences, values regarding frugality and spending, or long-term financial objectives, this can cause conflict.
3. Lack of Intimacy
Partners may gradually grow distant and intimacy may reduce. Finally, when spouses feel like they are not as intimate as they should be, that may convince them to think about divorce.
4. Lack of Equality
If lack of intimacy is one of the leading causes of divorce, an equally significant issue is the lack of equality.
What does lack of equality mean? If one spouse feels like they are doing the most significant part of the work around the house or providing the major part of the family’s income, that can sometimes cause resentment. The partner who contributes the most may feel like they are not equally treated.
You can also read: spousal support
5. Poor Communication
Miscommunication is one of the leading causes of divorce. Communication is crucial to any relationship, and without constructive communication habits, spouses may experience issues like resentment, frustration, or unfulfilled expectations. Should not spouses boost their communications?
6. Addiction
Addiction has many different forms. Drug and alcohol abuse are the most common ones, and yet addiction to sex, pornography, or gambling can also endanger marriage.
7. Abuse
The most significant reason to ask for divorce is any consistent pattern of spousal abuse. This includes physical abuse, which can endanger one spouse’s life immediately. However, patterns of verbal or financial abuse can also be destructive and are very valid grounds for divorce. Aren’t they?
The leading causes of divorce
- Marital Infidelity
- Financial Tensions
- Lack of Intimacy
- Lack of Equality
- Poor Communication
- Abuse
- Addiction
Conclusion
Fault-based and no-fault grounds are the leading categories of grounds for divorce. Each category falls into a different category. No-fault divorce does not require the complaining spouse to prove fault, while fault-based divorce requires them to do so.
Spouses are allowed to object to fault-based divorce, unlike no-fault divorce. The leading causes of divorce usually include financial and behavioral issues. Feel free to book a consultation at zukermanlaw.ca to receive the most accurate and honest answers to your questions concerning divorce grounds.
FAQs
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1- Should I consult a lawyer about the grounds for divorce?
Yes, it is advisable to consult a lawyer since they can provide you with suitable guidance and support.
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2- How do I recognize which grounds to use for my divorce?
The choice of grounds depends on your specific situation, the laws in your jurisdiction, and the kind of divorce.
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3- What if my spouse objects to the grounds for divorce?
If your spouse objects to the grounds, the case may proceed to court, where both parties can present evidence.
