Not every disagreement and negative marital situation will be grounds for a legal divorce in the eyes of the court. There are very specific stipulations that a couple must fall under in order for a divorce to be deemed legal and even then, all reasons for divorce are different and it is up to the courts to decide whether or not a divorce will go through and a marriage will be ended. Family law attorneys Toledo can aid in your journey through a divorce situation and will help you in determining the solid grounds for legal divorce and how to get through the entire process. The dissolution of your marriage must fall underneath the specific legal parameters and there are few categories in which you have the legal grounds to file for a divorce.
No-Fault Divorce
There are different laws across the different states as to what constitutes legal grounds for divorce but there are quite a few that remain the same from state to state. There are typically two categories that you can lump divorces into. At-fault and no-fault divorces make up the majority of divorces with many different reasons falling into both categories. No-fault divorces give reasons such as irreconcilable differences or irretrievable breakdown as the main cause of their divorce and state that no one in particular was at fault. When your marriage has been broken due to these big and, most of the time, serious issues it is typically labeled as a no-fault divorce.
At-Fault Divorce
Most of the time at-fault divorces come about when one or both spouses have done something and there is proof showing the detrimental situation and the severeness of the circumstance. While these specific situations can vary from state to state as well, many of the following cases are typically legal grounds for divorce no matter where you are. Some of these situations could include:
- Cheating
- Physical or emotional abuse
- Fraud in the marriage
- Criminal charges/prison time
- Substance abuse
- Mental incapacity
These situations indicate that one or more parties is at-fault during the time of the dissolution of the marriage and any one of these is grounds for a legal divorce to be granted. More often than not, there is proof that is required to be had at the time of the court proceedings to prove that it is an at-fault divorce that will be taking place. No-fault divorces tend to be quicker and easier in the process since there is no proof needed but each one of the situations will be determined by your specific circumstance.
Choosing the Best Path
If you are on your way towards divorce, it is important to keep these two situations in mind as you proceed. Understanding what constitutes grounds for a legal divorce is vital to keep in mind so that you are able to get through your divorce as quickly and easily as possible. No one wants to linger in an unhappy marriage and having a family law attorney can help you determine which path will best be taken as you are undergoing this journey. These situations can be emotionally exhausting but you will want to be well-prepared for what lies ahead. Choose the best path for you, along with the advice of your attorney, so that you can get the best outcome for the situation and end up successful in the end.
