Divorce can be a lot more complicated than many people think it is. It’s not as straightforward as married couples deciding to get a divorce and signing on the dotted line. There must be legal reasons for divorce given and it’s something that you must consider before you file for divorce.
The grounds for divorce are the reasons that one party, or both, will give to the courts as part of the divorce process. Either partner has to provide concrete evidence to support the biggest reason for divorce that the court can put into legally defined categories in order for the process to be successful.
There are two main legal categories under which you can file for divorce and it’s essential that you understand these before you apply to put an end to your married life. In this article, I’m going to go through both of these legal categories, what they mean, and what factors can constitute for divorce in both.
Keep in mind that the country or state that you live in could have different laws or regulations and some areas don’t recognize at-fault processes and put both into one category.
At-fault divorces are not as common and are no longer recognized in some states, however, it’s important to know about them if you do happen to live in a country or state that still practices it. At-fault divorce is a process whereby one partner provides evidence that the other partner has engaged in behavior that makes it unsafe or impossible for the marriage to continue. The main reasons to apply for at-fault divorce is to get around the residential separation before divorce that comes with no-fault divorce. It is also the most likely process in which the partner who applies for the divorce will get more property or monetary support from their partner’s assets.
So, what constitutes to an at-fault divorce that will allow you to apply for it in a court of law?
The most traditional reasons people give when applying for at-fault divorce include the following:
It is absolutely essential that you are able to prove to the courts that your partner is guilty of the actions you have taken to court because they are able to defend themselves and could end up costing a bucket load in lawyer and court fees throughout the divorce process.
No-fault divorce is the most common kind of divorce applied for. It differs from at-fault divorce in that the person filing for divorce doesn’t have to submit any evidence that their partner has done anything wrong to end the relationship. A lot of the time both partners will agree with the divorce process and the most common reasons given are “irreconcilable differences” or an “irreparable breakdown of the marriage.”
The biggest difference here is that one of the spouses cannot file to defend themselves or petition an objection to the court to stop legal proceedings. Keep in mind, however, that by law you will be required to live apart for a stipulated period of time before you are allowed to go through with the divorce.
This is often the case when couples feel like they have worked hard enough at the marriage, but it is clearly best to separate.
Whether filing for at-fault or no-fault divorce, these are the most common reasons for divorce throughout the world:
Divorce can be traumatic for everyone, whether you’ve been down the marriage counseling road and tried for years but things aren’t working, you’re getting yourself out of an abusive relationship, or your partner has been unfaithful. The most important thing to keep in mind when you’re getting divorced is that you’re not alone and that you have people to support you.
At Naked Divorce, we have Divorce Angels that will guide you through every step of your divorce journey. From the very moment you are thinking about getting a divorce, through to taking action and finalizing the papers and onto how you are going to thrive in your life beyond divorce, our Divorce Angels are there to listen, give you advice, and most importantly to give you the solutions and tools that you need to make the best decisions going forward.
We have a highly-trained team of professionals that can assist with everything from legal advice and financial planning to simply listening to those things you don’t want to burden your family and friends with. We believe that there is a way to get through a divorce successfully with as little trauma done to you, your children, and your partner.
Naked Divorce has a whole host of highly-effective programs that have been created for people going through a divorce or breakup and we are here to help you get to the other side of your divorce journey in a healthy, holistic way. Feel free to get in touch with us if you’d like to know more about any of our courses and programs or even just to see if we’re the right fit for you.
Divorce may be the end of your marriage, but it can also be the beginning of something more beautiful down the line and we’re here to help you discover that.
If you enjoyed this post, I’d be very grateful if you’d help it spread by emailing it to a friend, or sharing it on Twitter or Facebook.
With you in service
Book a Clarity Call for any divorce or break up support you need,