The Three Different Grounds For Getting A Divorce
The divorce process starts with filing a petition with the court, and in this petition, you will need to state the reason that you are requesting a divorce. While there are many reasons that apply to couples, there are three main categories that your divorce could fall under that you need to be aware of.
A separation means that you and your partner have already been separated for quite some time. You may be living in separate places, living separate lives while you reside in the same household, or planning to separate in the near future. Separation is a common cause for divorce. It is technically known as a no-fault divorce, and you need to prove that you and your spouse are no longer together.
The easiest way to prove separation is by showing that you have been living at a different residence for an extended period of time and have proof of that. It could be as simple as one spouse having a lease that they signed for an apartment or bills that are being sent to a different address. If you are living in the same home, then it will help to prove how you are living separately in the same space. This could include having separate bedrooms, splitting bills, not spending time with each other, and things of that nature.
If you are a victim of mental or physical abuse from your spouse, you would use cruelty as a reason to be granted a for fault divorce. While it can be challenging to go into the details of how you have been a victim of cruelty, it is essential for this type of divorce to be granted. For example, if you have been a victim of physical abuse, and evidence that can back up those claims is going to help your divorce petition. This could include police reports, doctor visit summaries to treat an injury, or photographs. If you suffered mental abuse, consider digging up any physical proof that you have. This could include text messages or voicemails left by your spouse. The examples should show that staying in the marriage is not an option.
Adultery claims are considered a for fault divorce, but it has some requirements that must be met. The main aspect that categorizes a divorce under adultery is if there was some sexual infidelity. The difficult part of this can be proving that infidelity took place though, which may require professional help in order to do so.
Contact a local family lawyer to learn more.