Grounds For Divorce
You have been married for a number of years and somewhere along the line something not so good happened in your marital union and you or your spouse decided to file for a divorce. Divorce is not just granted to anybody just like that, with a snap of a finger by the courts of law. There must be substantiated grounds for a divorce to be granted. We are going to look at some of the general considerations that the court takes into account before letting couples get divorced.
One of the grounds one can seek for divorce is infidelity; physical infidelity to be precise. If your spouse has been unfaithful to you, you can file for a divorce citing adultery as the reason for seeking a divorce. Adultery, in the legal circles, is the deliberate sexual intercourse involving a married individual and a person who is not his or her spouse. To prove a case of infidelity beyond reasonable doubt, you have to show that your spouse had consensual sex with someone else other than you and he or she had the inclination and the opportunity to do so. Most people use the evidence amassed by a private investigator to prove adultery.
Legally, separation is a legal process by which a couple live apart while still remaining legally married. It can either be consensual or may be brought about due to other circumstances. If you and your spouse have consented to live apart for three or more years due to irreconcilable differences or any other personal reasons that you may have had as a couple, then you may file for divorce. If the separation was not consensual, and you have lived apart from your spouse for four years or more, you may also be granted a divorce. This is because some couples who get separated reconcile and resume their marital relationship.
This is the abandonment without consent or legal justification of a spouse or marital relationship and the associated duties and obligations. In case your husband or your wife takes off and two years later you have not heard from him or her or even received any contribution to run the household, take care of the children and all matters pertaining to the marital union, then you can file for divorce on the grounds of desertion. You cannot claim desertion if your spouse comes back and resumes his or her marital duties before two years elapse!
This is any such behaviour that you consider difficult to live with and can range from excessive drinking to emotional abuse and domestic violence. You have to portray that your spouse has a behaviour that nobody expects you to live within a reasonable scope and that your spouse has no intention of changing in the near future. he person must prove the other party’s unreasonable behaviour.
Your spouse’s conduct, whether active or passive will be taken into consideration and it must affect you and must be relevant to your marriage. You must show the proof of a continuous series of acts of omissions & negative conduct as well as how it will affect you should you continue staying in that relationship. Whether you can be reasonably able to live with your spouse for a period of 6 months or more will be assessed before a divorce decree is issued.
Marriage is a union that is taken seriously in the legal circles and for one to be allowed to divorce, he or she must meet a certain threshold that can fall into any of the four grounds aforementioned. All in all, consult a lawyer for more information and clarification as this is just general information and cannot serve as legal advice.