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Do I have to state a "grounds" for divorce?

Yes, you do. Although every state has different standards regarding the possible grounds for a divorce, couples who want to divorce must state some grounds in order to get divorced. The grounds may be something as simple-sounding as “irreconcilable differences,” but grounds must still be given. A reason must be present for getting the divorce. 

Grounds Are Not Fault

The concept of grounds is sometimes incorrectly thought of as fault. People used to have to state grounds for divorce that attributed the fault to the other spouse for infidelity, abandonment, abuse, cruelty, or even insanity, for example. It had to be someone’s fault that a divorce was being sought.

Even if none of these circumstances was true, a spouse had to allege one of these grounds to begin the divorce process. Lawyers would even coach their clients on how to lie in court to support such grounds. It was not a good situation, legally or emotionally.

Grounds Are Necessary Even in No-Fault Divorces

This deception was the main reason that many states implemented no-fault divorce laws. However, no-fault does not mean ‘no grounds.’ Fortunately, today a husband or wife does not have to accuse the other spouse of wrongdoing as grounds for a divorce. Incompatibility or irreconcilable differences is often enough of a grounds to be eligible for a legal divorce.

Talk to a Divorce Lawyer in Your State

To find out the grounds for divorce that you can use in your own situation, contact a divorce attorney in your area.

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