Grounds for Divorce

“Grounds for divorce” means a set of conditions a party must prove in court in order for a judge to grant a divorce. The most common of these grounds are the following:

  1. A mutual and voluntary separation which has lasted for at least a period of one year. The separation must have been made with the intent to end the marriage and with the knowledge that there is no hope or expectation of a reconciliation;
  2. A married person who has sexual relations with a person other than their spouse (without the spouse’s knowledge and consent) has committed adultery; and
  3. A two year separation (which does not require voluntariness).. Once a husband and wife separate, they cannot spend any nights together under the same roof and/or have sexual relations.

Regardless of the actual ground for divorce it will no longer serve to support a divorce case, regardless of the length of time they lives separate and apart. A court will not grant a divorce until the necessary period has accumulated again. Ending a period of separation has terrible consequences because the parties must again accrue the one or two year period of separation. Additionally, in the event temporary alimony and possibly child support are being paid, the payor spouse (i.e the person who is paying the support) will need to continue paying that support for another year or two depending on the grounds for divorce.

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