6 Common Causes For Divorce

The ever increasing divorce rate is a concern in modern society with the ease with which married couples can dissolve a marriage being the main concern.

The relatively simple grounds under which people can file for divorce can also be the primary cause. The most common causes of divorce include:

1. Irretrievable Breakdown Of Marriage

This is not only the most common ground cited for divorce but covers a variety of issues. It can encompass any cause that has made it impossible for the married couple to remain together. However, the courts do not take these grounds lightly and in order to be granted a divorce due to irretrievable breakdown of marriage some evidence may be required.

For example, the couple may need to show that they have made attempts at reconciling such as marriage counseling or a legal separation. If there is no evidence, the court may order that the couple seek counseling or take other measures to reconcile before the matter will be taken further.

This is also often referred to as a ‘no fault’ divorce. This basically means that neither spouse can be found to be in anyway responsible, through their actions, for the breakdown of the marriage, but rather that both have played a role in the breakdown.

2. Adultery

A spouse may file for divorce if and when their marriage partner has entered into an intimate relationship with another person. Although adultery is common in marriage, it is not always cited as the grounds for divorce. In fact, most adultery cases require that evidence is provided of irretrievable breakdown of marriage for a divorce to be granted.

In other words, the court needs to be assured that the marital relationship cannot be recovered after the adultery in order to dissolve the marriage. However, in the event of re-occurring extra-marital relations or one continual relationship, the court will grant a divorce on the grounds of adultery. Evidence of the adulterous acts will need to be provided.

3. Spousal Abuse

This is one of the lesser cited grounds for divorce as the process can be very emotional and complicated. Most spousal abuse cases also use irretrievable breakdown of marriage as the cause. The court will take into consideration the period of spousal abuse, whether the incidents were reported and whether the abused party has taken any steps such as separation and a protective order.

Evidence of the spousal abuse in the form of medical records or police reports may also be required. Under divorce law, spousal abuse is referred to as cruelty grounds and can include physical, mental or sexual abuse.

4. Abandonment

Where one spouse leaves the marital home without contact or returning for a specified period of time, the other marital partner can file for divorce on grounds of abandonment in absentia. This means that the missing spouse does not need to be present for the divorce to be granted. The period varies between different states. It may be necessary to declare the spouse as missing with the local police or authorities for said period of time for a divorce to be granted.

In the event that the spouse has been missing for a number of years, they may be declared dead, naturally dissolving the marriage. However, if the spouse does return, the certificate of death will be declared null and void and the marriage will be re-instated at which point the marriage partner can file for divorce.

5. Mental Illness

Where one spouse has been declared mentally ill, the other spouse may file for divorce. However, the mental illness must be defined as permanent or long-term and the patient must have been admitted to a psychiatric facility for a period of time. This is perhaps one of the most difficult grounds of divorce to prove and cannot be used in conjunction with the irretrievable breakdown of marriage. However, a divorce can be granted in absentia where a mentally ill patient is deemed mentally incapable of contesting the divorce.

6. Conviction

A spouse can file for divorce if their marital partner has been convicted of a felony and received a prolonged or life sentence in prison. The courts will however not grant a divorce immediately after conviction and evidence will need to be provided that the marriage cannot resume if access and conjugal visits have been granted to the prisoner. It is very rare for a conviction to be used as grounds for divorce.

It is advisable to seek advice from a divorce lawyer or an attorney as to the appropriate grounds for divorce to use for a specific case. While thousands of divorces are granted in the U.S. on a daily basis, this does not necessarily mean that the process is simple. However, it is not necessary to have legal representation in order to file for divorce.