If you are seeking a divorce, you may have lots of questions about whether you should file for a no-fault divorce or a fault-based divorce. This answer quite personal and it will depend on your unique situation and your urgency for separation in your relationship. Here are a few reasons that can be used to file for a fault-based divorce.
Adultery
Adultery is voluntary sexual intercourse between a married individual and another person who is not his/her spouse. In some states, spouses can still obtain a fault-based separation. In most cases, this will not affect how property is divided or the decisions that will be made with regard to child custody. With infidelity, it can be proven that the unfaithful partner used marital assets to support their relationship with the other woman/man.
Habitual Drunkenness
Individuals may file for divorce if their husband or wife is drunk. Alcoholism can affect child custody and family property division during the divorce. If alcoholic addiction has impacted the couple’s finances, for example, the addict has spent cash on excessive drinking or has not held down any job, then the judge will consider all these when dividing property.
Physical cruelty
Another ground for divorce is physical cruelty. The spouse seeking a divorce based on being physically molested by the other party should provide solid evidence. The affected party must get medical records, police reports, photographic evidence, and even statements from friends, family, or witnesses about physical cruelty.
Desertion
Desertion for a period of more than one year is another reason for divorce. However, you should remember that for a divorce to be granted successfully because of desertion, the spouse who deserted must establish that he/she did not agree to the desertion and the party who left had no intention of returning back home. This reason for divorce is rarely used because it needs mental intent for divorce throughout the desertion period, which can be very difficult to prove.
Unreasonable behaviour
To be granted a divorce, you must show that your spouse has behaved in a manner in which it is difficult to live with him/her. Unreasonable behaviour is one of the commonly used reasons for divorce today. Examples of cases for unreasonable behaviour include being threatened by your spouse with physical violence or a spouse who is physically abusive, verbally abusive, financially irresponsible, and a spouse who fails to maintain you and your children properly.
Sexual misconduct
Sexual Misconduct is an extensive term that entails any unwelcome behaviour that is sexual and is committed by force or without consent, coercion, manipulation, or intimidation. Such conduct will be considered particularly when determining custody of the kids during a divorce.
Mental Illness
Mental illness can also be used as a ground for divorce. This is used not to find fault will the mentally ill spouse but to enable the court to understand that the legal divorce process may be more complex because of the spouse is condition.
Divorce can be quite complicated, and it may be difficult to prove grounds for divorce. However, many states have introduced a law on no-fault divorce. It is best that you work with an attorney to help you come up with solid evidence and determine the best grounds that you can use for divorce. You will benefit immensely from the assistance of a legal representative.
