Divorce and Separation

Question 1

No-Fault” Divorce

Answer 1

Most states allow spouses to get a divorce without regard to marital fault. Generally, this requires showing one of the following:
* Both spouses agree that the marriage is irretrievably broken (also referred to as irreconcilable differences). This is a form of bilateral no-fault divorce.
* The spouses have been living apart for a specified and continuous period of time. This type of no-fault divorce can be bilateral or unilateral. The relevant time period can range from 90 days to 18 months—the period is often shorter if both parties agree to divorce (that is, the divorce is bilateral) and longer for a unilateral no-fault divorce—and the parties are still married during that time.
* Both spouses agree they are now incompatible and can no longer be married. This is a form of bilateral no-fault divorce

Question 2

FAULT BASED GROUNDS FOR DIVORCE

Answer 2

• Adultery: Generally, the filing spouse presents circumstantial evidence of opportunity and inclination. Corroboration is often required.
• Willful desertion (or abandonment): This requires an unjustified departure from the marital home for a specified period with no intent to return
• Extreme physical or mental cruelty
• Voluntary drug addiction or habitual drunkenness commencing
  after the marriage
• Insanity

Question 3

Fault-Based Divorce-Collusion

Answer 3

Collusion is an agreement between the spouses to simulate grounds for divorce or to forgo raising a valid defense.

Question 4

Fault-Based Divorce-Connivance

Answer 4

Connivance is willing consent to the other spouse’s misconduct. This is usually limited to adultery cases, and it has been abolished in many states.

Question 5

Fault-Based Divorce-Condonation

Answer 5

Condonation is the forgiveness of marital offenses with full knowledge
of the wrongs. Resumption of marital relations after the forgiveness
is the key element of this defense.

Question 6

Fault-Based Divorce-Recrimination

Answer 6

Recrimination is a defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted. This defense is rarely used.