Wednesday, 08 February, 2023

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Divorce Grounds

Divorce Grounds

The divorce grounds in the United States may vary from state to state. Below is a list of divorce grounds for some US states, as provided for by their respective state law:

Alabama

Either of the party may file an action for the dissolution of marriage based on the following divorce grounds:

* Separation for two years
* Irretrievable breakdown of marriage
* Complete incompatibility of temperament
* Incapacity
* Adultery
* Physical violence
* Abandonment for one year
* Imprisonment
* Insanity
* Becoming addicted, habitual drunkenness or habitual use of drugs

Furthermore, husbands have the additional divorce ground: if the wife was pregnant at the time of marriage without his knowledge or agency. On the other hand, wives have the additional divorce ground: nonsupport for two years or more.

California

Any of the spouses may file for dissolution of marriage based on of the following divorce grounds:

* Irreconcilable differences – determined by court and parties must provide substantial reasons why marriage should not be continued
* Incurable insanity – there should be proof based on competent medical testimony

Florida

Either of the parties may file an action for dissolution of marriage based on the divorce ground of irretrievable breakdown of marriage relations, provided the following circumstances concur:

* No minor child
* Both parties find that marriage is irretrievably broken

If there are minor children, the court can choose to order counseling or continue with the proceedings for three months. The court may also do other actions that are in the best interest of the parties and their children.

Mental incapacity is also a possible divorce ground, provided that it occurs at least 3 years prior to the filing of the action.

Georgia

In Georgia, parties may file an action for dissolution of marriage based on any of the following divorce grounds:

* Irretrievable breakdown of marriage relationship
* Mental incapacity
* Impotency
* Force, menace, duress or fraud in obtaining marriage
* Pregnancy of the wife by a man other than the husband at the time of the marriage without knowledge of the husband
* Adultery
* Willful desertion for one year
* Conviction – includes imprisonment for a term of two years or longer
* Habitual intoxication
* Cruelty
* Incurable mental illness – includes a situation where the party is under continuing treatment for two years
* Habitual drug addiction

Louisiana

The divorce grounds may be used as basis for an action for dissolution of a nonbinding marriage:

* Separation for six months
* Adultery
* One spouse has committed a felony and has been sentenced to death or imprisonment at hard labor

If the action for dissolution is from a covenant marriage, any of the following can be utilized as divorce grounds:

* Separation without reconciliation for a period of two years
* Separation without reconciliation for a period of one year from the date of the judgment of separation from bed and board was signed – if the spouses have a minor child, the period is extended from one year to one year and a half