What Does "Grounds For Divorce" Mean? Strategies To Work Through Marriage Issues
When you get married, you make a long-term commitment to support, love, and care for your partner. But despite your shared efforts, you may find yourself considering the possibility of a break, separation, or even divorce.
A well-known statistic reports that about half of all marriages end in divorce. In the case of first marriages, this statistic is true; but if you’re marrying for the second or third time, the rate of divorce is actually higher.
Fortunately, your marriage is not just a statistic. There are several actions you can take to build and nurture your relationship, both before and after saying “I do”. Read on to learn more about grounds for divorce and common reasons why marriages end, followed by five strategies to sustain a healthy, fulfilling marriage.
What are grounds for divorce?
In legal terms, grounds for divorce are legally acceptable reasons for a divorce in the U.S. The meaning of this term may vary slightly depending on your state of residence.
Each U.S. state offers some version of a “no-fault divorce”, which is the most common way to end a marriage. If a married couple files for a no-fault divorce, they do not need to show any proof of “fault” or wrongdoing. Instead, they simply state that they’re unable to get along and cannot continue their marriage.
However, about two-thirds of U.S. states still allow married couples to file for a fault divorce, in which one spouse proves that the other partner did something to cause the end of the marriage. Fault grounds vary across states but traditionally include adultery, cruelty, and other forms of harm or misconduct that lead to an unsustainable marriage.
Please note that this article only provides a general overview of grounds for divorce and cannot replace professional legal advice. If you’re considering a divorce or simply want to learn more about divorce law in your state, please contact a licensed legal professional.
What does “grounds for divorce” mean for me?
If you’re struggling in your marriage and learning more about grounds for divorce, you may be wondering what this legal term means for you, as well as your partner, potential children (in terms of child custody), and anyone else in your family.
Ultimately, your place of residence and current relationship with your spouse can help you determine what “grounds for divorce” mean for you, as well as any affected children or family members. You may also need to file certain documents to divide property and debt with your spouse, arrange for child custody, child support, and address other issues specific to your family.
Both legally and emotionally, divorce cases can become complicated – which is why it’s best to meet with a family law attorney and review your options before deciding between a fault and no-fault divorce.
Before divorce: Five strategies to strengthen your marriage
In some cases, a divorce is the best and healthiest option for a couple, as well as their loved ones.
But other times, married couples return from the brink of divorce and discover new ways to connect with each other. With time, mutual effort, and therapy, you may be able to explore alternatives to divorce and emerge with more love and respect for each other.
If you’re trying to improve your marriage, apply these five strategies to rebuild your connection and build a more joyful, fulfilling life with your spouse.
1. Prioritize quality time together
As life gets more complicated, many couples have to find creative ways to spend time together. Between work, family, children, and other obligations, finding time to recharge on your own is hard enough. But rest assured: quality time with your spouse doesn’t have to be lengthy or involve any elaborate activities.
When it comes to time with your spouse, the key word is intentionality. At the beginning or end of each week, take a moment to sit down with your partner and schedule a date or other shared activity into your schedule. You might designate one night a week to watch a movie together, go on a hike, or make a home-cooked meal. If you have children or pets, consider asking a loved one to take over for the evening, allowing you and your spouse to sneak away to a fun event.
Research shows that shared time is important for marital well-being, and that work and family demands greatly influence the amount of time couples spend together. With simple strategies like a shared calendar and a five-minute brainstorming session, you can begin each week with a plan that clearly outlines your individual goals and responsibilities, as well as your commitment to each other.
2. Cultivate your own interests
In a thriving marriage, quality time is essential – but it’s equally important for spouses to explore their own interests and maintain hobbies, passions, and friendships outside their marriages.
Just as you schedule quality time together, consider setting aside windows of time for each partner to attend to their own needs. For example: maybe your spouse loves the movies, while you struggle to sit still for a single TV episode. Encourage your spouse to attend the local theater on a weeknight, while you enjoy a night in or a dinner out to catch up with a friend.
By cultivating their own lives and relationships outside the marriage, spouses can retain their sense of autonomy and independence. A marriage can fulfill many of your needs and desires, but partners should also pursue other sources of joy, enrichment, and fulfilment.
3. Take a break
At some point, everyone deserves a break: from work, family, a friendship, or even a marriage. Taking a break doesn’t necessarily mean filing for a divorce. A couple might simply decide to spend a weekend away from each other to reflect, recharge, and gather their thoughts before returning to discuss their marriage.
When do you know it’s time to take a break in marriage? Every couple’s answer to this question will vary, but you might consider the possibility of a break if you relate to any of these signs:
- You’re going through a period of high stress, potentially related to work or family, and need time to prioritize yourself.
- You’re overwhelmed by the demands of your relationship and feel that both partners could benefit from time apart.
- You feel stuck in a conflict and need time and space to consider the solution.
- You want an opportunity to reflect on and reestablish the expectations and boundaries in your marriage.
There are several valid reasons why you might suggest taking a break in your marriage. Whatever your reasoning, there’s no shame in investing in self-care before reinvesting energy into your marriage.
4. Even during conflict, be gentle and considerate
Especially in moments of conflict, being gentle with your spouse goes a long way. If you want your marriage to endure through the tough moments as well as seasons of celebration, make an active decision to “fight nice” and give your partner grace and kindness. Conflict in marriage is unavoidable, but couples who stay together for the long run usually address sore spots with a gentler, kinder, and more considerate approach.
On the topic of conflict resolution, the American Psychological Association references a study of 136 couples over the first decade of their marriages. When discussing relationship difficulties, couples who interacted with more anger and pessimism as newlyweds were more likely to be divorced 10 years later.
5. Consult a professional therapist for guidance
If you’re experiencing marital challenges or even considering divorce, you may benefit from working with an experienced couples therapist.
While some people prefer in-person therapy to begin this process, many couples and individuals now use online therapy to restore their marriages and support their mental health. Starting with a digital platform like Regain, you can connect with a therapist within a few days of completing a brief questionnaire. Each Regain therapist has at least three years of professional experience and expertise in relationship therapy. Many Regain therapists work with married couples through separation, divorce, and other common hurdles in long-term relationships.
Several studies show that online therapy can be just as effective as face-to-face options, including a 2017 study of an online Integrative Behavioral Couple Therapy (IBCT) program. Based on a nationwide clinical trial of the 8-hour online program, 86% of couples completed the program and 97% of participants would recommend it to a friend. The researchers also noted significant improvements in participants’ relationship satisfaction and reductions in their anxiety and depression symptoms. Overall, the study indicates the promise of online IBCT as an alternative to in-person IBCT, which is already established as an effective intervention.
Takeaway
Every married couple goes through periods of challenge. But with continual work and communication, these times can be followed by moments of joy and deep appreciation for your spouse.
If you’re contemplating reasons for a divorce, an online therapist can help you make the best decision for your marriage, both individually and as a couple.
Frequently asked questions (FAQs)
What are the five grounds for divorce?
In the United States, grounds for divorce vary among the different states.
In many states, a no-fault divorce or irretrievable breakdown means you can file for divorce for basically any reason in court. No-fault grounds or irretrievable breakdown for divorce could be virtually anything, and a lot falls under “irreconcilable differences,” which may be subject to the court's judgment.
A spouse filed no-fault divorces often stem from legally accepted reasons, growing apart, differing interests, or different goals concerning the family. These reasons are commonly listed as divorce grounds under no-fault divorce laws.
In various states, however, the grounds for divorce are more specific. Divorce laws may require that you cite a specific reason for the divorce, such as legally acceptable reasons, your sexual relations to your spouse, if spouse committed adultery, cruel and inhuman treatment, sexual harassment or infidelity, which must be presented in court.
Thus, if you want to file for divorce in court, you’ll need to have specific grounds for divorce or legally acceptable reasons. These reasons may include situations where one spouse is at fault. Additionally, a separation agreement may be part of the divorce process. We discuss some of the most commonly accepted example grounds for divorce (physical and emotional abuse, adultery or infidelity, conflict, lack of commitment, etc.) in more detail earlier in this article.
Meanwhile, in other countries, such as England, there are specifically five grounds for divorce. They are: adultery, unreasonable behavior, desertion, living apart for more than two years (with agreement), and living apart for more than five years (without agreement).
However, the no-fault divorce or irretrievable breakdown is expected to come into effect in England as early as Fall 2021. With the no-fault divorce case, you can be granted a divorce by the court without explicitly fitting into one of the previously listed categories.
What is unreasonable behavior as grounds for divorce in a marriage?
Unreasonable behavior is the term used in English law to describe why two people want a divorce. It could be a description of a single incident or many incidents over a period of time.
English law takes a pragmatic approach and tries to base its judgment on each case individually and holistically. These are grounds for divorce in England.
In more general terms, though, defining unreasonable marriage is a fraught task. Each marriage is unique, you and your spouse should look to determine what is unreasonable specifically.
The divorce process only begins once a spouse has exhibited unreasonable behavior. This could be something big, like gambling away all their savings, or something smaller, for example, refusing to communicate. Either one can be no-fault grounds or at-fault grounds for divorce. Once divorce happened, the legal steps follow to finalize the separation.
What are the top grounds for divorce in marriage?
The most common example grounds for divorce have to deal with unreasonable behavior. Specifically, lack of commitment, extramarital affairs or adultery by a spouse, and too much conflict as cited as the most common reasons people file for divorce or separation.
Many of these reasons for divorce fall under the no-fault divorce umbrella (which can be considered a catch-all for any marriages ending for non-specific reasons).
In these circumstances, the no-fault grounds for divorce don’t necessarily have to be legally specified. Divorce law changes depending on where you are, though. So be sure to check the divorce law in your specific area, including any requirements for a separation agreement. As required by law, divorce is a different process for different states and countries.
Even when you’re sure you want, a divorce can be stressful, confusing, and emotionally taxing, especially if your spouse refuses to cooperate. Under our law, a divorce case can be a complicated process, or it can be a collaborative process.
On what grounds can I divorce my wife?
The grounds for divorce that could lead to you being granted a divorce depends on where you are.
If you and your spouse live somewhere with no-fault divorce as an option, any explanation of unreasonable behavior will satisfy divorce laws.
According to the law, a divorce that isn’t a no-fault divorce must have specific grounds. When a divorce happened, there are many additional grounds for it.
The most common grounds for divorce are the following:
- Sexual harassment
- Adultery
- Desertion
- Alcoholism
- Disability
- Imprisonment
- Domestic violence
- Incompatibility
- Cruelty
- Mental illness
- Criminal conviction
Note that a valid separation agreement or legal separation agreement can affect how divorce law differs in different areas.
What questions does a judge ask during a divorce?
Whether you’re in a no-fault divorce or not, divorce law is most likely going to dictate that you still must see a judge.
No-fault divorces will require you to answer standard questions, like how long you’ve been together. You’ll get other questions specific to the marriage, such as what needs to be split up between the two parties, including valid separation agreement provisions related to marital property, and whether either person has moved out, etc. Questioning for a no-fault divorce includes inquiries about children or extended family as well.
Even when you think you’re prepared for when the divorce happened, it was still hard. But as long as you understand your grounds for a divorce, and the other party is on the same page, you should be in good shape.
As dictated by the law, if you file for divorce, it has to be a codified and organized process. If a divorce happened, having a no-fault divorce could make the process a little easier because you have more wiggle room to explain the no-fault grounds for divorce and provide evidence. A separation agreement is also important in terms of request for separation.
What’s the hardest year of marriage?
Each marriage is unique, so there is no exact “hardest year.”
However, research has shown that the most common year for divorce separation is around year seven of marriage. No matter whose fault, divorces are going to occur. A failed marriage doesn’t prove that you’re a failed person. Often it’s nobody’s fault divorce occurs, and it's important to avoid judgment in these situations as you continue living.
Getting through a marriage takes a lot of work from both partners. Because of our law, divorce and separation are intentionally a challenging process as well, often requiring mutual consent from both parties.
But this is a good thing because you should be very sure of your choice to file for divorce. It’s a trying process, especially if your spouse refuses to consider reconciliation. Oftentimes seeking marriage counseling first is a good idea. But in the end, you know your marriage better than anyone else, and only you can make the right judgment for yourself.
What are the three main grounds for divorce in a marriage?
The primary grounds for divorce are lack of commitment, infidelity, and high levels of conflict, and situations where the other spouse refuses to address issues, each of which can prove to erode trust and connection in a marriage over time.
What are grounds for irreconcilable differences?
Irreconcilable differences arise from persistent conflicts or incompatibilities between the couple and the other party, making it impossible for a couple to coexist harmoniously.
What are my rights when separating from my partner?
You typically have rights to shared assets, possible spousal support or alimony, marital property, and legal separation agreement, as well as custody arrangements if minor children are involved, depending on local laws.
Is being unhappy enough grounds for divorce?
Yes, many no-fault divorce laws recognize personal unhappiness as sufficient, focusing on the well-being and choices of each spouse.
Is emotional abuse grounds for divorce?
Emotional abuse is a common reason for divorce, as it can lead to significant problems such as mental health harm and diminished trust within the marriage, especially if a spouse refuses to seek help or prove any effort to change their behavior.
Can a man divorce his wife for any reason?
While no-fault laws allow freedom to divorce, valid legal grounds, such as cruel and inhuman treatment, if the spouse committed adultery, or issues related to money, or disputes over marital property, are often still needed, and arbitrary or discriminatory reasons are not typically accepted.
What are the six types of emotional abuse?
The main types include verbal attacks, controlling behaviors, isolation, criticism, intimidation, and gaslighting, each harming a person’s emotional stability.
How do I get proof of divorce cruelty?
Evidence might include documented incidents, saved abusive messages, or witness statements that prove a pattern of cruel treatment by the other party in a divorce case.
What qualifies as emotional abuse?
Emotional abuse includes actions that harm a partner's mental well-being, such as belittling, isolating, or manipulating them to maintain control, making it difficult for them to continue living their lives.
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