Valid Grounds for Divorce: What You Need To Know

The decision to end a marriage marks one of life's most challenging transitions. While every divorce tells a unique story, the law requires specific grounds—or legal reasons—to formally dissolve a marriage. Understanding these valid grounds isn't just a legal formality; it can shape your divorce proceedings, affecting everything from how property is divided and whether you get alimony to who gets custody of your kids.

Thinking about divorce? This overview will help you understand the common and less common reasons courts accept for it.

Common Legal Grounds for Divorce

Knowing the legal reasons for divorce can help you manage this challenging process. These are the most common valid grounds for divorce:

Irreconcilable Differences

Irreconcilable differences mean a couple can't get along or agree on fundamental issues, leading to an unsalvageable marriage. This ground is often used in no-fault divorce states, where proving one partner's fault isn't required. Instead, the couple may simply need to show they have an incompatibility. This no-fault approach acknowledges that marriages can break down despite both partners' best efforts, eliminating the need to assign blame.

Chicago divorce legal services or any local divorce attorney from your area can aid you in this situation if your location allows this ground. The legal experts will also represent you in court or when reaching a settlement.

Adultery

Adultery involves a spouse being unfaithful during the marriage. To use adultery as a reason for divorce, you'll need to prove it happened. You'll need to back up your claim with solid evidence—things like text messages, photos, bank records, or statements from people who can confirm the affair took place.

Courts usually take adultery seriously, and it can impact how your divorce plays out. The judge may consider the unfaithful spouse's behavior when deciding how to split assets or award alimony, especially if they spent shared money on the affair or caused serious emotional harm. While proving adultery isn't always easy, having clear evidence can strengthen your case and potentially lead to a more favorable outcome. 

Cruelty

Cruelty in divorce terms means repeated harmful or abusive behavior that endangers the physical or mental well-being of a spouse. It can include physical abuse, but it may also encompass emotional or verbal abuse. Some states recognize cruelty as valid grounds for divorce, even if it's purely psychological, provided it creates significant distress or harm.

Evidence for cruelty might include police reports, medical records, or witness accounts. The court may also require a history or pattern of this behavior rather than a one-time incident. However, exceptions may exist if a single event is extreme. Using cruelty as a ground could also affect child custody decisions, given the safety implications.

Desertion

Desertion, or abandonment, is when a spouse leaves, intending to end the marriage, and stays away for a legally defined period. Elements of desertion include a clear intent to leave and remain apart, along with a period of absence. States have different ideas about what counts as desertion. It could mean leaving home or refusing to help with money or emotional support.

Defenses to a desertion claim may include showing that the leaving spouse had a valid reason, like avoiding abuse. Courts typically view desertion differently in these cases than when one spouse abandons without cause.

Substance Abuse

Substance abuse can act as a valid ground for divorce if one partner's drug or alcohol use interferes with the marriage. To prove this ground, you may need to show proof of regular or heavy use. This could include DUIs, medical records, or statements from witnesses.

Substance abuse issues may also limit child custody and visitation rights because courts must put the child's security first. Moreover, if substance abuse harms the home environment, judges may place conditions on visitation or award custody to the non-abusive spouse.

These are just some of the common and valid grounds for divorce. Seeing an attorney will help you identify the specific laws in your state.

Less Common Grounds for Divorce

While less common, these grounds can still be used in certain situations:

Mental Cruelty

Mental cruelty involves ongoing behavior that mentally harms or demoralizes a spouse, like constant criticism, public humiliation, or threats. While it's less commonly used, some states allow this ground if the cruelty causes measurable harm to the spouse's mental health.

Proving mental cruelty can be tricky because it often lacks physical evidence. However, witness statements, therapist notes, or communications can help substantiate these claims.

Imprisonment

Some states recognize criminal conviction and imprisonment of a spouse as a valid reason for divorce. The imprisonment generally needs to last a specified length of time, such as one to three years, depending on the state.

This ground may also affect the division of assets since the spouse seeking a divorce may face unique financial burdens from the other's absence. Understanding your state's specific requirements is essential if you're considering this ground.

Bigamy

Bigamy happens when a spouse marries someone else while still legally married. Since bigamy is illegal in all U.S. states, it's a straightforward ground for divorce. Proof of a second marriage typically voids the first marriage contract, allowing the wronged spouse to file for divorce easily.

Impotency

Impotency as a ground for divorce relates to an inability to consummate the marriage. Some states consider this valid grounds if it existed before marriage and wasn't disclosed. This claim may require a medical confirmation, making it a more challenging ground to prove.

Mental Illness

Sometimes, a severe mental illness that renders a spouse incapable of fulfilling marital duties may be valid grounds for divorce. The degree of impairment usually must be significant, and medical documentation is often required. While not commonly used, this ground is available in some states when mental illness affects the marriage's viability.

These less common grounds can be more complex to prove, so you must seek legal advice if you're considering using them.

Conclusion

Understanding divorce grounds in your state isn't just legal homework—it's actually one of the most important steps you can take to protect yourself. While it might feel overwhelming right now, understanding these basics can give you a solid foundation to make decisions that matter for your future.

Don't hesitate to consult a divorce attorney who can guide you through your specific situation. They can help you understand which grounds make the most sense for your case and how to prepare effectively. Remember, while this is a challenging chapter, taking informed steps now can put you in a better position to begin your next one.

(Disclaimer: Devdiscourse's journalists were not involved in the production of this article. The facts and opinions appearing in the article do not reflect the views of Devdiscourse and Devdiscourse does not claim any responsibility for the same.)