In many parts of the world, divorce is becoming a no-fault issue. In no-fault divorce, like no-fault automobile insurance, no one individual bears the blame. This reduces the stress of pointing fingers and, theoretically, allows the couple to “get on with their lives.” In the United States, by October 2010 will offer some form of no-fault divorce. Yet, some states will also continue to provide the fault option with specific grounds for divorce.
What Are The Basic Grounds For Divorce?
While the specifics for each state may vary, essentially, the grounds for divorce consist of the following:
- Cruelty and inhumane treatment
- Adultery
- Confinement in the penitentiary for a state-specified period of time
- Impotency – without informing the spouse prior to marriage
- Abandonment/desertion
Some categories bear greater weight than others do. In many, the arguments must specifically comply with the court’s criteria in order to qualify as grounds for divorce. This is the case with abandonment.
Abandonment
Abandonment or desertion is recognized, within restrictions, as grounds for divorce in most fault divorce states. While the state laws diverge on certain aspects, the consensus is there are 2 types of abandonment or desertion: actual and constructive. Constructive involves the abandonment of one spouse due to the unbearable conditions created by the other spouse. Actual abandonment is voluntary which
- Involves no agreement between the spouses
- Includes financial abandonment
- Includes a voluntary disappearance by the deserter
The states also provide a specified length of time for the absence of the deserting spouse. It varies. In Virginia and Mississippi, for example, it is not abandonment until the spouse is gone from the domicile for a year, minimum.
Talk To A Lawyer
If you wish to file using abandonment for grounds for divorce consult an attorney. He or she will clarify whether this is applicable in your state. A skilled divorce lawyer will help you make the right decision.
