What are the grounds for divorce in the USA?
Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide
In the United States, grounds for divorce generally fall into two categories: no-fault and fault-based.
No-Fault Divorce
In a no-fault divorce, neither spouse is required to prove wrongdoing. The most common ground is irreconcilable differences or an irretrievable breakdown of the marriage.
All 50 states allow for no-fault divorces.
Some states require a period of separation before finalizing the divorce.
Fault-Based Divorce
Fault-based divorces require one spouse to prove that the other spouse's actions caused the breakdown of the marriage. Common grounds include:
Adultery – One spouse has been unfaithful.
Cruelty or Abuse – Physical or emotional abuse.
Abandonment – One spouse leaves the marital home for a specified period (usually one year).
Substance Abuse – Chronic drug or alcohol addiction.
Imprisonment – One spouse is sentenced to prison for a certain amount of time.
Mental Illness – Severe, unmanageable mental health issues.
State Variations
The grounds and processes for divorce can vary by state. Some states only allow no-fault divorce, while others still permit fault-based claims.
States like New York and Virginia still allow for fault-based grounds alongside no-fault options.
Would you like me to break down the specific divorce grounds and requirements for major states like New York, California, and Florida?
Looking for more guidance and/or got more questions? Find the support you need with out Expert Guide!