Divorces based on "no-fault" grounds are more prevalent than ever. No-fault divorces have been the most popular type of divorce since they were originally introduced in California in 1970, and are now available in virtually every US state in some form or another. Unlike previous types of divorce, no-fault divorces do not require either partner in a marriage to demonstrate misconduct.
They do not need the petitioning spouse to demonstrate a breach of the marriage contract, thus the reason for the divorce might be as simple as "we don't love each other anymore." However, there are certain drawbacks. For one, many states require spouses filing for a no-fault divorce, to begin with, a trial separation before they can even qualify to be officially divorced.
This will delay any divorce proceedings by at least months, if not a year or more. But what if there has been wrongdoing? Some spouses feel that when there has been genuine wrongdoing in a marriage, and they feel that claiming that no one is at fault for the union's dissolution is a flagrant lie.
Unfortunately, 15 states no longer have at-fault divorces. However, in many of the other 35, by proving that the other spouse has committed wrongdoing, a spouse may be able to expect a more favorable share of divided property or alimony payments.
Grounds for Divorce
Grounds for divorce are any breach of the implicit marital contract. Most commonly, they are:
Cruelty:- Inflicting either physical or emotional pain on the other spouse. Because this covers a wide range of offenses, cruelty is the most frequently cited ground.
Adultery:- Having intercourse outside of the bounds of the marriage.
Desertion:- Abandoning one's spouse. States have laws about how long the abandonment must be for it to be considered desertion.
Imprisonment for a set number of years;
The inability to procreate. If this inability was not fully disclosed before the marriage.
In many marriages, both spouses are at fault to some degree. Most states have a doctrine of comparative righteousness, in which the spouse who is considered to have fewer transgressions is considered to be not at fault.
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