Going through a divorce is never easy, and as if things weren't already complicated enough, different states have different grounds for granting a divorce. Knowing the grounds for divorce in your state can help you understand your options for a legal separation and make the process as seamless as possible.
1. Fault-Based Grounds:
Fault-based grounds for divorce exist in some states, granted when one spouse is deemed responsible for the dissolution of the marriage. Grounds for divorce on fault-based grounds include adultery, cruelty, abandonment, addiction, and other forms of marital misconduct. In these cases, the innocent spouse must prove the misbehavior and convince the court that it has irrevocably hurt the marriage. Fault-based divorces can be complicated, costly, and time-consuming, so having the proper legal support is essential before pursuing this option.
2. No-Fault Grounds:
Most states make no-fault divorce possible, meaning that couples don't necessarily need to prove any misconduct to end their marriage legally. No-fault divorces are granted because of irreconcilable differences or irretrievable breakdowns, which means that the marriage has been broken beyond repair, and the couple cannot live together anymore. If you're going through a no-fault divorce, keeping communication open, clarifying the division of assets, and ensuring both parties are on good terms is essential.
3. Separation Grounds:
Separation grounds are granted in some states where couples have been separated for a specific period. In some situations, the couple must have lived separately for several years before a court will grant a divorce. It may require the couple to have signed a separation agreement, and experts recommend getting legal advice before signing anything. Separation grounds can be beneficial in cases where neither party is at fault and both parties agree to the terms of the separation.
4. Mutual Consent Grounds:
Mutual consent grounds are growing in popularity, as they can be the simplest and quickest way to end a marriage. Some states, like Maryland and Virginia, offer mutual consent divorce as an option for couples who don't want to go through the time-consuming litigation process in court. Mutual consent divorces only work when both parties agree on all divorce terms, including division of property, child custody, spousal support, and other concerns. It's essential to have expert advice to make sure the agreement works best for both parties involved.
File for Divorce in San Bernardino County
If you're considering filing for divorce in California, having a knowledgeable and experienced attorney on your side is essential. Law Office of Michael R. Young can help guide you through the process and protect your rights. Contact us today at (909) 315-4588 to schedule a consultation.