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Divorce Grounds

 

The divorce grounds in the United States may vary from state to state. Below is a list of divorce grounds for some US states, as provided for by their respective state law:

Alabama
Either of the party may file an action for the dissolution of marriage based on the following divorce grounds:

Separation for two years
Irretrievable breakdown of marriage
Complete incompatibility of temperament
Incapacity
Adultery
Physical violence
Abandonment for one year
Imprisonment
Insanity
Becoming addicted, habitual drunkenness or habitual use of drugs

Furthermore, husbands have the additional divorce ground: if the wife was pregnant at the time of marriage without his knowledge or agency. On the other hand, wives have the additional divorce ground: nonsupport for two years or more.

California
Any of the spouses may file for dissolution of marriage based on of the following divorce grounds:

Irreconcilable differences – determined by court and parties must provide substantial reasons why marriage should not be continued
Incurable insanity – there should be proof based on competent medical testimony

Florida
Either of the parties may file an action for dissolution of marriage based on the divorce ground of irretrievable breakdown of marriage relations, provided the following circumstances concur:

No minor child
Both parties find that marriage is irretrievably broken

If there are minor children, the court can choose to order counseling or continue with the proceedings for three months. The court may also do other actions that are in the best interest of the parties and their children.

Mental incapacity is also a possible divorce ground, provided that it occurs at least 3 years prior to the filing of the action.

Georgia
In Georgia, parties may file an action for dissolution of marriage based on any of the following divorce grounds:

Irretrievable breakdown of marriage relationship
Mental incapacity
Impotency
Force, menace, duress or fraud in obtaining marriage
Pregnancy of the wife by a man other than the husband at the time of the marriage without knowledge of the husband
Adultery
Willful desertion for one year
Conviction – includes imprisonment for a term of two years or longer
Habitual intoxication
Cruelty
Incurable mental illness – includes a situation where the party is under continuing treatment for two years
Habitual drug addiction

Louisiana
The divorce grounds may be used as basis for an action for dissolution of a nonbinding marriage:

Separation for six months
Adultery
One spouse has committed a felony and has been sentenced to death or imprisonment at hard labor

If the action for dissolution is from a covenant marriage, any of the following can be utilized as divorce grounds:

Separation without reconciliation for a period of two years

Separation without reconciliation for a period of one year from the date of the judgment of separation from bed and board was signed – if the spouses have a minor child, the period is extended from one year to one year and a half.

divorce

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