Grounds for Divorce

The grounds for divorce vary from state to state, as federal laws do not govern divorce. Generally, states split the grounds for divorce into two separate categories: fault or no-fault. The initial grounds for divorce can greatly determine things like child custody and alimony.

No-fault divorces are held when a marriage is jointly considered to be irreparable. The couple may simply decide that the marriage is just not for the best, citing irreconcilable differences. No-fault divorces are a relatively recent phenomenon, as the first state to pass them into law was Oklahoma in 1953. California popularized this divorce method when Ronald Reagan became the second governor to permit no-fault divorces in 1970. While no-fault laws help divorce cases be quicker and easier, and decrease domestic violence, they have also been blamed for a national increase in the divorce rate. However, this opinion should be met with some skepticism, as the national divorce rate has fallen since the 1970s, when no-fault divorces were popularly adopted. Nevertheless, no-fault divorces make it difficult for a father to obtain custody of his children from his wife, as courts generally side with the mother in a no-fault divorce. Not to mention, spousal support is rarely enforced in no-fault divorces, though the mother or father may be left to care for the children him or herself.

Fault divorces are held when one or both spouses have more specific grounds for divorce. These vary according to the state, but common reasons for a fault divorce include physical or emotional abuse, desertion, adultery, imprisonment, or the physical inability to have sexual intercourse. The burden of proof is on the accusatory spouse in these cases, which may be difficult to prove to a judge. Consequently, fault divorces may require more court dates to conclude, thus costing more. Three states (Arizona, Arkansas, and Louisiana) offer the pre-marital option of choosing a covenant marriage, which essentially requires either partner to provide an at-fault ground for divorce or for the couple to separate for two years before being granted a divorce. This option was introduced as an effort to limit the number of divorces, but has proven to be of little use since only about one percent of married couples in these states choose this option. While fault divorces may seem overly complicated, they can have the benefit of removing the separation period enforced by many no-fault states, as well as possibly granting the spouse who is not at fault more alimony, sole child custody, or a greater share of marital assets.

The grounds for divorce are rarely simple. If an at-fault divorce is opted for, a judge may not grant a divorce if the grounds are not adequately proven. Thus, the majority of people choose no-fault divorces.