Do I have to prove the my husband was abusive or unfaithful to obtain a divorce?

If you were subjected to physical abuse, mental cruelty or your spouse committed adultery those might be grounds for divorce that you would have to prove if you live in a state with "fault" divorce laws, and you were seeking your divorce for those reasons.

Divorce laws vary by state, with most states offering "no fault" divorces which do not involve you having to prove that your spouse was abusive or unfaithful. In fact, it is possible to get a divorce in some states when just one spouse claims that the marriage is irretrievably broken.

Every state has different residency requirements prior to filing divorce as well, so it is important to know what the laws are in your particular state. In Kentucky, you have to be a resident of the state for only six months prior to filing the petition to dissolve your marriage and the dissolution can be granted in as little as sixty days. In Connecticut, you have to be a resident for a year before filing for divorce. In Alabama, you can get a no fault divorce, but you have to live apart for a full two years before the divorce is finalized.

If you do live in a state with at fault divorce laws, you will have to prove that the grounds for the divorce that you are claiming are true. In addition to mental cruelty, physical abuse and adultery some other grounds for divorce that are recognized in states that allow fault divorces include:

• imprisonment for a felony
• abandonment
• attempted murder
• alcohol or drug abuse that began after the marriage

If you are considering a divorce, contact an attorney as soon as possible who can answer your questions about what you might or might not have to prove, and what the process is for divorce in your state.