The 15 Main Grounds for Divorce

There are some traits in a partner or circumstances- the grounds for divorce, which might force partners to seek a divorce.

You can no longer cope with your partner, and divorce is perhaps the best option. A divorce must have the consent of both parties.

In ancient times, the divorce rate was minimal compared to the digital generation. Marriage is not a bed of roses, but it is beautiful when you have the right partner.

What are the legal grounds for divorce?

Here is a list of commonly observed grounds for divorce. If you identify any of these in your relationship, you must get conscious about where your relationship is heading. It will help if you take the necessary actions and avert further damage.

1. Lack of respect in marriage

Marriage is fun when there is love and mutual respect among married couples. In fact, during a conflict, solve the differences in love.

At one point in the marriage life, love diminishes due to any number of reasons: financial commitments, the birth of children, and work-related reasons. Marriage partners must keep the love life alive.

What happens when there is no love and respect in equal measure?

You have no reason to still stay together. This is one of the legitimate reasons for divorce.

2. Lack of commitment from both the partners

Yes, you have your challenges, which every married couple experiences in their relationship. What makes you still stay together is the will of partners to work towards staying together.

When all effort just comes from you, then it is high time to file a divorce to avoid more heartache. If you are wondering, “Is falling out of love grounds for divorce?”, we would have to ask you about your priorities.

What is more important to you – staying together or being in love. This, of course, becomes an important question when there are no signs of a partner’s commitment to making things right.

Knowing you are unhappy and not putting the effort to change is a valid reason for divorce.

3. Religious affiliations

Some religions accept polygamy of up to three wives while some religions advocate for monogamy. There are times when the spouses of different religious beliefs are not able to avert the religious conflict in their family. 

Frequent religious conflicts are thus the common grounds for divorce for the couples belonging to different religious backgrounds.

Other religious beliefs include no use of contraceptives, which seem to be a useful family planning tool. Mixed religious beliefs may eventually build frustration, upto a level that separation becomes inevitable.

4. Infidelity

Unfaithfulness in marriage builds betrayal and mistrust from the aggravated party. It also develops resentment in some cases.

Infidelity is one of the acceptable reasons for divorce. The law of the land allows separation on the grounds of adultery.

5. Incompatibility

Courtship of at least six months before marriage helps to detect incompatibility among couples.  As an individual, there are character traits you can accommodate or rather cope with, but others may cause constant fights.

Incompatibility also comes with the level of reasoning of different schools of thought, of which neither of the parties is ready to compromise for mutual understanding.

In the court of law, when you build your case with this proof, you will have a basis for divorce.

6. Cultural background

In the current era where the world is a global village, you are bound to interact with people from all backgrounds. There are successful marriages within mixed couples when partners are willing to accommodate each other’s beliefs.

Despite the love, contradicting cultural beliefs can demand a lot of sacrifices and compromises.

Different cultural backgrounds, in addition to pressure from the extended family, can amount to many reasons to file for divorce.

7. Insanity

Stable mental health is one of the pillars of success in life and marriage. Some health complications are mild and can be dealt with easily.

However, a partner’s mental instability may lead to unreasonable behaviors or, in rare cases, become abusive.

If you are wondering what are the grounds for divorce, insanity is one of them. In a country that allows polygamy, this is certainly one of the valid grounds for divorce.

8. Abusive relationship

If you cannot solve your problems without becoming violent with one another, then you have no reason to be together. What business do you have with a partner who turns you to be his “punching bag?”

Before you make that tough decision to file for a divorce, try to involve the counselor, close family, and friends who believe in your ideologies.

Try a healthy separation just to be sure of the decision you are about to make before a court of law. A physically or emotionally abusive relationship, for sure, is one of the reasons for filing for divorce.

9. Substance abuse

Partners can file for a no-fault divorce when they have drifted apart, or simply don’t want to be around each other anymore. However, if you are pondering what are grounds for divorce at fault, one of the answers is substance abuse.

Proving your partner’s substance abuse can help you take custody of children, as it impairs their parenting ability. Mild to moderate drinking might not sway the decision of the judge. It is necessary to have a case that proves the claim of addiction.

10. Disability

People with disabilities have a higher chance of getting a divorce. The disability of a spouse creates an uneven distribution of support and dependence.

In the face of such pressures, it takes a big toll on the relationship and both caregiver and the patient—the life they had before disability becomes difficult to uphold. There are many things to consider when divorcing a partner with disability.

In some states, one may use impotence as a ground for divorce. This does not include the withholding of sex or infertility, but the inability to have sexual intercourse.

11. Imprisonment

Law allows spouses to pursue divorce on mutual agreement of marriage breakdown. Imprisonment itself might not be enough ground for divorce. What are the reasons for divorce, you ask?

The length of the sentence can be. If the sentence is two years or longer, and you are uncertain about the future, you may be eligible for divorce. 

 12. Desertion

 When either party abandons and gives up on the marriage without the intention of coming back, there could be ground for filing for divorce.

 There are two main arguments to prove when using desertion as a reason for divorce. The first one is easier to determine – there needs to be evidence a partner left and stayed apart for a specified period.

The second is harder as it requires showing they had the intent to leave. The separation didn’t happen by chance or as a result of circumstance, and rather it was their will to go.

 13. Intolerable and burdensome indignities

 A court might grant a divorce if there was an injury to one of the spouses by the other though indignities that made their life intolerable and burdensome.

 This can encompass one or multiple grounds for divorce listed previously, such as adultery, imprisonment, desertion, and other indignities. There are numerous ways to prove this case, so legal advice is recommended.

 14. Force or fraud in obtaining the marriage

 When a problem exists at the time of the wedding ceremony, a legal proceeding can be initiated to terminate an invalid marriage. In this case, the invalid marriage would be annulled.

Compared to divorce, annulment dissolves an already valid marriage. Due to the wide availability of no-fault divorce, annulments have become rare.

 15. Bigamy

Bigamy entails a person marrying more than one person. In this instance, the first marriage is legal, until one person dies or they get a divorce.

Marrying another person while having a valid first marriage constitutes bigamy. This is a legitimate reason to file for divorce.

These are some of the common grounds for divorce that you must be aware of. If you have been a victim of some kind of abuse or facing any of these circumstances, perhaps you must take some legal advice.

Seeking legal advice can help you to analyze your situation. If your situation is similar to any of the grounds as mentioned above for divorce, you must seek professional help immediately, and take the necessary action.

Watch the following which talks about the seven most common reasons for divorce. You can use this information to identify the problems in your relationship and avoid landing up in the courtroom.