The grounds for divorce are the rules and regulations that govern and specify the circumstances that warrant marriage termination. The following are are general guidelines, and your specific case should be discussed with a divorce lawyer. Long Beach CA is one area with very specific divorce laws.
Laws have been enacted to guide spouses on how they can file for divorce. Legally, seven grounds can be used in a divorce case. The judgment will include orders about custody, visitation, marital debts and marital property, child support and spousal support. Irretrievable breakdown.
A marriage is annulled where the relationship between the two spouses has been strained irretrievably for not less than six months. The condition is only applicable to those who had filed for divorce cases after October 12, 2010.
Anyone who is a victim of cruel and inhumane treatment by their spouse can file for divorce. Cruel treatment means that the mental and physical health is at risk if the two parties continue living together. Where the abusive treatment is said to occur more than five years ago, divorce is not automatic, and the other spouse has a right to object.
Legally, one can only initiate marriage termination process if he or she is abandoned for one year. In this case, the spouse has either left you, kicked you out or has no intention of returning.
One can terminate marriage where the husband is jailed for not less than three years. However, marriage cannot be terminated if the said spouse was released over five years ago.
Adultery is the reason behind the escalating divorce cases. One initiates the proceedings when there is tangible evidence that the other spouse is cheating. However, if you do any of these, then adultery cannot be used as the reason for divorce: forgive the cheating spouse and consequently have sexual relations with him or her, encourage the spouse to commit adultery, or you commit adultery. Divorce will only be granted before the lapse of 5 years’ period after infidelity discovery. To prove adultery, one must not use his word against that of the other spouse but have a competent witness.
Judgment of Separation
A sense of separation or decree of separation given by the court, barring the parties to the case from living together for not less than one year. One is required to obey all the decrees and conditions set out in the judgment. An order of separation is rare as the standard of proof is similar to that of a divorce case. Most people, therefore, skip it and file directly for divorce.
The two spouses make a written agreement barring them from living together for one year or more. The two spouses then sign the agreement before a notary. One is required to abide by all conditions set out in the agreement.
Divorce cases consume a lot of time and resources. The parties should, therefore, work on a formula to resolve their differences without necessarily going to court. This may include agreeing on property division, debt settlement, and other obligations. Where one spouse is abusive and hostile, seek assistance from a domestic violence advocate.