Whose Fault is This Divorce Anyway? By Melissa Gordon At Isnare.com Ezine Articles

Sometimes couples separate because their marriage was just not meant to succeed. They may well separate on good terms, with no rancor or bitterness, because things just did not work out for them as a couple. Other times it will be down to irreconcilable differences. They may just have been poorly matched to start off with, but still, it is nobody’s fault, and after a period of separation they can agree to a divorce and go their separate ways for good, to pursue other dreams. And then sometimes there is someone to blame. This kind of divorce will often be brought unilaterally by the spouse who has been the victim of whatever wrong has been committed.

But what constitutes a “fault”? What are reasonable grounds to bring a divorce case, potentially occasioning a large financial pay off when the case goes through? Generally, it requires some amount of wrongdoing on the part of the defendant. The most obvious, and most common reason why couples get divorced is pure and simple adultery. As the standard marriage vows say “forsaking all others”, if one party in the marriage is prepared to have an affair it is reasonable to conclude that they have broken their marriage vows. Adultery generally will entail sexual contact with a third party outside the marriage, but it is not obligatory for sex to play a part. If one party has been dating or romantically involved with a third party, this is enough to constitute adultery.

Another reason accepted as constituting a “fault” in a fault divorce is desertion. If one partner spends more and more time away from the marital home, they may be divorced on the grounds of constructive desertion – continuing absences hinting at a likely eventual departure. Equally, they might just leave the marital home altogether, at which point they are liable to be taken to court on that basis.

It is also possible to file for divorce on the grounds of physical or mental cruelty. In the case of mental cruelty this will need to constitute a repeat offence, as one case can easily be put down to misinterpretation or potentially provocation. But in the case of physical violence, once is enough to justify bringing a legal case to end the marriage. Equally, so may insanity – defined as no longer being of sound mind, which may constitute grounds for divorce on the basis of fear for personal safety – as may alcohol or drug abuse for similar reasons.

It may also be possible in some states to divorce a partner for sexual impotence or for the comparatively worse crime of infecting the other spouse with a venereal disease. It is NOT considered acceptable to divorce a spouse due to being bored in the marriage, nor may you divorce someone for snoring. Some protection needs to remain for the institution of marriage, after all, and if there are minor problems the idea is that you work on them. Divorce may be easier than before, but just cause still needs to be presented to dissolve a marriage.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

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