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The reason for a divorce (or the basis of a divorce) is referred to by a legal term: the "grounds" for a divorce. Each of the 50 states in the U.S. has its own allowable grounds for divorce, and therefore when a person wants to get a divorce, he or she must be able to show valid grounds for divorce in the particular state where the divorce is sought.
Even if a state offers "no-fault" divorce, the person seeking the divorce may have to specify a reason, such as "irreconcilable differences" for breaking up the marriage.
The following categories of grounds for divorce are common. However, they do not apply in every state, so, if you want to file for divorce, you should consult a divorce attorney in your state to find out which grounds to use.
Breakdown of Marital Relationship / Irreconcilable Differences / Irretrievable Breakdown of the Relationship
A "breakdown of the marital relationship" or other similar term is a valid ground for divorce in many states. One of the spouses claims that the marital relationship has broken down to the point where a divorce is an appropriate option. In some states, the spouses must live apart from each other for at least one year before a divorce action can be filed under these grounds.
Drug and Alcohol Abuse
Alcoholism and drug addiction are grounds for divorce in some states. The substance abuse problem that is the basis of the divorce action is the defendant's, not the plaintiff's. (The plaintiff is the spouse filing for divorce; the defendant is the other spouse.)
Adultery
A relationship between the defendant spouse and a person outside the marriage that would constitute adultery can be used as the grounds for divorce is some states, such as New York.
Cruel and Inhuman Treatment
"Cruel and inhuman treatment" is conduct that has caused physical or mental injury to the plaintiff filing for divorce.
Incurable Insanity
If one of the spouses becomes mentally incapacitated beyond cure, the other spouse can divorce him or her using this ground. Although insanity is rarely used as a ground for divorce, it is sometimes appropriate.
Mental Incapacity of One of the Parties
If a spouse is mentally unfit and his or her incapacity is affecting the marital relationship, it may qualify as a ground for divorce in some states.
Abandonment
Abandonment as a ground for divorce is defined with strict parameters. For example, abandonment may be considered to have occurred only if the defendant spouse leaves home without consent of the other spouse. There is also often a minimum time for the spouse to have been absent, such as one year, before 'abandonment' can be used as the ground for a divorce action.
Imprisonment
Imprisonment of the defendant spouse is a ground in some states, usually with a minimum time period, such as three years.
Contact a Qualified Divorce Attorney about Grounds for Your Divorce
If you are unsure of what grounds you may have for seeking a divorce, or if your spouse has filed a divorce action against you for whatever reason, you can benefit from the counsel and representation of an experienced divorce attorney. Contact a qualified attorney today to arrange a private consultation.