Grounds for Divorce

Question 1

Grounds for Divorce

Answer 1

Fault-based divorce

1. Desertion for one year
2. Adultery
3. Cruelty
4. Bigamy
5. Imprisonment for 2 years
6. Indignities

No-Fault

1. Mutual consent
2. Unilateral (Irretrievable Breakdown plus Two-Year Separation Period)
   
   1. Seperate and Apart
   2. Irretrievable breakdown

Question 2

Desertion for one year

Answer 2

1. Innocent spouse has been left in the marital residence
2. Deserting spouse left without cause
3. If both parties agree to separate, there cannot be desertion because there has been consent

Question 3

Adultery

Answer 3

Must show by clear and convincing evidence that the adulterous spouse had

1. opporutnity to engage in sexual relationship outside fo the marriage; and
2. inclination to commit the act

DO NOT NEED direct proof or witnesses

Question 4

Cruelty

Answer 4

Spouse must demonstrate:

• “cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse.”

Cruel and barbarous treatment:

• The act must be intentional and unprovoked, and
• must not be attributable to an unstable mind

Question 5

Bigamy

Answer 5

innocent and injured spouse may be divorced from one who is married to another; and knowingly entered into the marriage while the former marriage existed

Question 6

Imprisonment for Two Years

Answer 6

An innocent and injured spouse may be granted a divorce if the other spouse will be imprisoned for 2 years or more

Question 7

Indignities

Answer 7

Grounds:

• Spouse offers such indignities to the innocent and injured spouse
• as to render his or her “condition intolerable and life burdensome”

Plaintiff must show

• continuous course of conduct on the defendant’s part that would render the condition of a person of ordinary sensibility intolerable and his life burdensome

Mistreatment of child or other spouse can constitute an indignity to the spouse, if severity and regularity of abuse is shown

Question 8

Mutual Consent

Answer 8

The court will grant a no-fault divorce if:

1. Each party consents to the divorce;
2. A complaint has been filed alleging that the marriage is irretrievably broken; AND
3. 90 days must have elapsed from the filing of the complaint

Question 9

Unilateral (Irretrievable Breakdown plus Two-Year Separation Period)

Answer 9

One party may file a complaint and affidavit alleging that the parties have lived separate and apart for two years and that the marriage is irretrievably broken

Question 10

Separate and Apart

Answer 10

• Complete cessation of “cohabitation,” whether the spouses are living in the same residence or not.
• Express intent to terminate the marriage.
• ***Occasional sexual liaison will not undermine cohabitation.

Question 11

Irretrievable breakdown

Answer 11

• Has there been an estrangement in the marriage due to difficulties; and
• No hope of reconciliation