Legal grounds for divorce/dissolution

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Here are the main reasons to legally terminate a marriage on grounds for divorce/dissolution.

No-fault divorce – In this instance neither party is blaming the other for the breakdown of the marriage. Therefore there is no reason to prove guilt by either party. The main reason for this form of divorce is due to irreconcilable differences, irretrievable marriage breakdown, irremediable breakdown of the marriage, or incompatibility of temperament. However, the couple will have to live apart for a specific time period before the divorce is granted.

Fault-based divorce – This form of divorce involves one party blaming the other for the divorce/dissolution. Grounds for such a divorce include adultery, some type of cruelty, physical or mental incapacitation, abandonment and imprisonment. In these cases the court will request proof of the misconduct. With the correct evidence, this form of divorce can be granted within a short period of time.

Comparative rectitude or least-fault divorce – This occurs when the court sees one party’s fault to be less serious than the others. However, this form of divorce is rarely filed as much as no-fault divorces.

Divorce/Dissolution can vary from state to state and therefore it is important to speak to a professional divorce lawyer who has experience in handling your specific case. A divorce will be made more complicated when a marriage involves children, property, alimony and immigration statuses. Therefore it is vital to seek advice from a law firm that can ensure that you receive a favorable settlement.