In general, divorce laws typically include various grounds on which a marriage can be legally dissolved. These grounds can be categorized into two main types: fault-based and no-fault divorces.
- Fault-Based Divorce:
Fault-based divorces require proving that one spouse is at fault or responsible for the breakdown of the marriage. The specific grounds for fault-based divorce can include:
a. Adultery: This ground typically requires demonstrating that one spouse engaged in a voluntary sexual relationship with someone other than their spouse.
b. Cruelty or Domestic Violence: This ground may apply when one spouse has been physically or emotionally abusive, making the continuation of the marriage intolerable.
c. Desertion or Abandonment: This ground is applicable when one spouse intentionally and without justification leaves the other spouse for an extended period.
d. Imprisonment: In some jurisdictions, a spouse’s incarceration for a certain duration may be grounds for divorce.
e. Substance Abuse: If one spouse has a severe and ongoing addiction to drugs or alcohol, it may be considered a ground for divorce in some jurisdictions.
f. Mental or Emotional Disorders: In certain cases, if a spouse is diagnosed with a severe mental illness or emotional disorder that makes the continuation of the marriage impractical, it may be a ground for divorce. - No-Fault Divorce:
No-fault divorces have become increasingly common in many jurisdictions. These divorces do not require proving fault or placing blame on either spouse. Instead, they recognize that the marriage has irretrievably broken down, and there is no reasonable expectation of reconciliation. The specific grounds for a no-fault divorce can include:
a. Irreconcilable Differences: This ground typically refers to a situation where the spouses have significant and persistent conflicts or differences that cannot be resolved, leading to an irretrievable breakdown of the marriage.
b. Separation: In some jurisdictions, a period of separation for a specified duration may be grounds for a no-fault divorce. The separation period can vary depending on the jurisdiction, ranging from several months to a couple of years.
It’s important to note that the availability of fault-based and no-fault divorces, as well as the specific grounds and requirements, can vary significantly depending on your jurisdiction. Therefore, it’s crucial to consult an attorney or refer to your country’s or region’s specific laws and regulations to understand the legal grounds for divorce accurately.