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Grounds for Absolute Divorce
There are eight grounds upon which a spouse can obtain an absolute divorce. Most grounds require a wait time of at least one year prior to filing for an absolute divorce. The exceptions include adultery, cruelty, and excessively vicious conduct.
1. Voluntary Separation
2. Statutory Separation (2 year separation)
3. Adultery
4. Desertion
5. Twelve-Month Imprisonment under Felony or Misdemeanor Sentence
6. Insanity
7. Cruelty of Treatment Toward a Complaining Party or to a Minor Child of the Complaining Party
8. Excessively Vicious Conduct Toward a Complaining Party or to a Minor Child of the Complaining Party
1. Voluntary Separation
A voluntary separation is a mutual agreement between the parties to physically separate where:
(1) There is no intent to continue the marriage,
(2) All sexual relations have ceased for at least one year, and
(3) There is no hope or expectation of reconciliation
2. Statutory Separation (“2-year separation”)
An absolute divorce can be obtained where the husband and wife live physically apart from each other for a continuous, uninterrupted two year period without cohabitation (i.e., no sexual relations).
3. Adultery
Adultery generally means voluntary sexual intercourse, involving some penetration, with someone other than your spouse. Adultery does not need to be proven by direct evidence, but there must be some proof of the occurrence of adultery. This can be shown through indirect evidence such as regular correspondence to the spouse’s paramour.
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4. Desertion:
Divorce on the ground of desertion is, generally, an unjustified departure from the marriage for a continuous period of 12 months. To prove a valid desertion:
(1) The parties must not be having sexual relations;
(2) One spouse must have the intent to terminate the marriage relationship;
(3) The desertion must have continued, uninterrupted, for 12 months since the filing of the suit, and
(4) The parties have no reasonable hope or expectation of reconciliation.
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5. Twelve-Month Imprisonment under Felony or Misdemeanor Sentence
An absolute divorce can be obtained under this ground where one spouse (the party complained against) has been convicted of a felony or misdemeanor within the United States and has served at least 12 months of a minimum three year sentence in any penal institution.
6. Insanity
If a spouse is incurably insane (i.e., their insanity is permanent) as determined by at least two psychiatrists, then the other spouse may have grounds for an absolute divorce where the insane spouse has been committed to an asylum, hospital, or a similar institution for no less than three years prior to filing the complaint
7. Cruelty of Treatment Toward a Complaining Party or to a Minor Child of the Complaining Party
An absolute divorce may be granted where one spouse is cruel to the other or to the minor child of the victim-spouse. There must be no hope of reconciliation between the parties. Furthermore, the cruelty must be serious and detrimental to, and there must be a pattern of the cruelty affecting a victim’s health or happiness.
8. Excessively Vicious Conduct Toward a Complaining Party or to a Minor Child of the Complaining Part
An absolute divorce may be granted where one spouse uses “excessively vicious conduct” against the other spouse or to the minor child of the victim-spouse. There must be no hope of reconciliation between the parties. Furthermore, the conduct must be a serious and detrimental to, and there must be a pattern of the excessively vicious conduct affecting a victim’s health or happiness.
Further Information on Divorce:
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