The laws of each state specify the grounds - the legal reasons - for which a
divorce can be granted. Until 20 or 30 years ago, the only legal reason for obtaining a
divorce was that the other spouse was guilty of some variety of marital misconduct and
was at fault for the marriage not working. Many states have retained their fault-type
grounds for obtaining a divorce, but all states now allow divorces to be granted
regardless of who is at fault. Some states have only no-fault grounds. No-fault divorces
are usually granted for reasons such as the existence of an irretrievable breakdown,
irreconcilable differences, or incompatibility. In the states where fault grounds are still
used, a spouse may be able to gain a better property division or alimony result by
proving that the other party was at fault or guilty of marital misconduct. In no-fault states,
property is divided regardless of fault by either party. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Alabama has both fault and no-fault grounds for divorce. Under Alabama law,
fault is a factor to be used by the court in dividing property. The misconduct of a party
could be used to reduce the share of property being awarded to that party.
Alabama Code 30-2- 52.
The circuit court has the power to divorce persons for the following reasons: 1) a
party was at the time of the marriage physically and incurably incapacitated from entering
into the marriage state; 2) adultery; 3) voluntary abandonment for one year preceding the
filing of the complaint; 4) imprisonment in the penitentiary in Alabama or in any other
state for two years, the sentence being for seven years or longer; 5) the commission of a
crime against nature whether with mankind or with beast either before or after the
marriage; 6) becoming addicted after the marriage to habitual drunkenness or to habitual
use of opium, morphine, cocaine, or another drug; 7) a complete incompatibility so that
the parties can no longer live together; 8) when a party has been confined in a mental
hospital for five successive years, if such party is hopelessly and incurably insane at the
time of the filing of the complaint, providing that the superintendent of the mental hospital
provides a certified statement that it is his opinion that such person is hopelessly and
incurably insane; 9) an irretrievable breakdown of the marriage, and that further attempts
at reconciliation are futile and not in the best interest of the family; 10) in favor of the
husband, when the wife was pregnant at the time of marriage without his knowledge or
agency; 11) when one party has committed violence against the other or when, from a
party’ s conduct, there is reasonable comprehension of violence; or 12) in favor of the
wife when the wife has lived separate and apart from the support of the husband for two
years prior to the filing of the complaint, and she has resided in Alabama during the two
years.
Alabama Code 30-2-1.
ALASKA
Alaska has both fault and no-fault grounds. If even fault grounds are the basis
for a dissolution action, marital fault is not relevant to the division of property.
AS 25.24.160(4).
A divorce may be granted for any of the following fault grounds: 1) failure to
consummate the marriage at the time of the marriage and continuing to the time of the
commencement of the action; 2) adultery; 3) conviction of a felony; 4) willful desertion for
a period of one year; 5) cruel and inhuman treatment or personal indignities or
incapability of temperament; 6) habitual gross drunkenness continuing for one year prior
to the commencement of the action; 7) incurable mental illness when the spouse has
been confined to an institution for at least eight months preceding commencement of the
action; or 8) addiction of either party, subsequent to the marriage, to the habitual use of
opium, cocaine, or a similar drug. AS 25.24.050.
A no-fault ground for divorce may be used if the parties are able to utilize the
expedited dissolution procedure. The statute requires the parties, at the time of filing the
Petition, to have already agreed as to the distribution of property, award of custody,
payment of child support, and all other issues. Assuming they qualify for this type of
dissolution procedure, the Petitioner may allege the following as ground for dissolution:
incapability of temperament has caused the irremediable breakdown of the marriage.
AS 25.24.200.
ARIZONA
In Arizona, the only reason for obtaining a dissolution of marriage is on the
grounds that the marriage is irretrievably broken. The court does not use fault as a
factor in determining how property is to be divided.
ARS §25-312 and 25-318.
ARKANSAS
All of the grounds for obtaining a divorce in Arkansas are fault grounds. The
Chancery Court shall have power to grant a divorce for the following causes: 1) where
either party was impotent at the time of the marriage and still is; 2) where either party
was convicted of a felony or other infamous crime; 3) where either party is addicted to
habitual drunkenness for one year, is guilty of cruel and barbarous treatment, or commits
such indignity to the other person as shall render his or her condition intolerable; 4)
where either party has committed adultery subsequent to the marriage; 5) where the
husband and wife have lived separate and apart from each other for at least 18
continuous months, without cohabitation, whether the separation was the voluntary act of
one party or by mutual consent, or due to the fault of either party or both; 6) where
husband and wife have lived separate and apart for three consecutive years without
cohabitation because of the incurable insanity of one of them, based on proof that the
insane spouse has been committed to an institution for care and treatment of the insane
for 3 or more years prior to filing of the suit, has been adjudged to be of unsound mind
by a court of competent jurisdiction, and the proof of insanity is supported by the
evidence of two reputable physicians familiar with the person’s mental condition; 7)
where either spouse, having the financial ability to do so, willfully fails to support the
other.
Fault is a factor used by the court to determine division of assets.
Ark. stat. Ann. 9-12-301, and 9-12-3115.
CALIFORNIA
California has only no-fault grounds for a dissolution of marriage. California law
provides that dissolution of marriage may be based on either of the following grounds:
1) irreconcilable differences which have caused the irremediable breakdown of the
marriage; or 2) incurable insanity. Misconduct of a party is not a relevant factor for the
court to consider in making a division of property.
Cal. Fam. Code §2310.
COLORADO
The only ground for dissolution in Colorado is that the marriage is irretrievably
broken. Fault is not a factor to be considered by the court when dividing the property.
CRSA §14-10-107 and 14-10-113.
CONNECTICUT
Connecticut has both no-fault and fault grounds. If a divorce is granted on a fault
ground, the court has the discretion to reduce the property award going to the spouse
who has committed fault. A decree of dissolution of marriage shall be granted upon the
court finding that one of the following causes has occurred: 1) the marriage has broken
down irretrievably; 2) the parties have lived apart by reason of incompatibility for a
continuous period of at least 18 months prior to service of the Complaint, and there is no
reasonable prospect they will be reconciled; 3) adultery; 4) fraudulent conduct; 5) willful
desertion for one year with total neglect of duty; 6) seven years’ absence during all of
which period the absent party has not been heard from; 7) habitual intemperance; 8)
intolerable cruelty; 9) sentencing of one party to imprisonment for life or the commission
of any infamous crime punishable by imprisonment for a period in excess of one year; or
10) legal confinement in a hospital or other institution because of psychiatric disabilities
for at least an accumulated period totaling five years within the six years preceding the
date of the Complaint. C.G.S.A. §46b-40.
DELAWARE
The only ground for requesting a divorce decree in Delaware is that the marriage
is irretrievably broken and that reconciliation is improbable. A marriage is irretrievably
broken where it is characterized by 1) voluntary separation; 2) separation caused by
Respondent’s misconduct; 3) separation caused by Respondent’s mental
illness; or 4)
separation caused by incompatibility. Whether either party is at fault is not a relevant
factor to be used by the court in division of property.
13 DCA §1505 and 1513. FLORIDA
The primary ground for requesting a dissolution of marriage in Florida is that the
marriage is irretrievably broken, a no-fault ground. The only other ground for a
dissolution of marriage is the mental incapacity of one of the parties when such
incapacity has been determined by court according to Florida law for a preceding period
of at least three years. Fault or misconduct of a party is not a basis for making an
unequal division of assets. However, marital misconduct in the form of intentional
depletion of marital assets can be a valid reason for an award of alimony or unequal
distribution of assets.
FSA §61.052 and 61.075. GEORGIA
A total divorce can be granted upon any of the following grounds: 1) if the parties
are related to one another within the prohibited decrees of relationship under Georgia
law; 2) mental incapacity at the time of marriage; 3) impotency at the time of marriage; 4)
force, duress or fraud in obtaining the marriage; 5) pregnancy of the wife by a man other
than the husband, at the time of marriage, if unknown to the husband; 6) adultery after
the marriage; 7) willful and continued desertion by either of the parties for the term of
one year; 8) the conviction of either party for an offense involving moral turpitude under
which the party is sentenced to imprisonment in a penal institution for at least two years;
9) habitual intoxication; 10) cruel treatment; 11) incurable mental illness -- and the party
has been confined in an institution for the mentally ill or has been under continuous
treatment for mental illness for at least two years preceding commencement of the action
and that the party cannot be expected to recover his mental health; 12) habitual drug
addiction to any controlled substance; or 13) the marriage is irretrievably broken -- the
court shall not grant a divorce on this ground until at least 30 days have passed from the
date of service of the Summons and Complaint on the Respondent. GC §19-5-3. HAWAII
Hawaii has only no-fault grounds for granting a divorce. A Family Court shall
decree a divorce when the court finds that the marriage is irretrievably broken. The court
may also decree divorce when the court finds: 1) the parties have lived separate and
apart under a decree of separation, and the term of separation has expired without
reconciliation; 2) the parties have lived separate and apart for a period of two years or
more under a decree of separation, and there has been no reconciliation; or 3) the
parties have lived separate and apart for a continuous period of two years or more, and
there is no reasonable likelihood that cohabitation will be resumed. The conduct of the
parties during the marriage is one of the factors used by the court to determine how to
divide property. HRS §580-41 and 580-47. IDAHO
Divorces may be granted in Idaho for any of the following causes: 1) adultery; 2)
extreme cruelty; 3) willful desertion; 4) willful neglect; 5) habitual intemperance; 6)
conviction of a felony; 7) when either the husband or wife has become permanently
insane, and the insane person has been regularly in an insane asylum for at least three
years preceding commencement for the action for divorce and it appears that the
insanity is permanent and incurable; 8) irreconcilable differences--those grounds which
are determined by the court to be substantial reasons for not continuing the marriage
and which make it appear that the marriage should be dissolved. Fault is not one of the
factors used by the court to divide the property of the parties. IC §32-603 to 32-616. ILLINOIS
Illinois law has both fault and no-fault grounds for a dissolution of marriage.
However, property is divided in Illinois regardless of fault or misconduct of a party.
The grounds for obtaining a dissolution of marriage in Illinois are as follows: 1)
the Respondent was, at the time of the marriage, and continues to be naturally impotent;
2) the Respondent had a wife or husband living at the time of the marriage; 3) the
Respondent committed adultery subsequent to the marriage; 4) the Respondent has
willfully deserted or absented himself or herself from the Petitioner for at least one year,
including any period of time during which the action for dissolution of marriage or
separation has been pending; 5) the Respondent has been guilty of habitual
drunkenness for two years; 6) the Respondent has used addictive drugs for two years,
has attempted to take the life of the other by poison or other means, has been guilty of
extreme physical or mental cruelty, or has been convicted of a felony or other infamous
crime; or 7) the Respondent has infected the other with a communicable venereal
disease; or 8) the spouses have lived separate and apart for a continuous period in
excess of two years and irreconcilable differences have caused the irretrievable
breakdown of the marriage and the court determines that efforts at reconciliation have
failed or that future attempts at reconciliation would be impracticable and not in the best
interest of the family; if the spouses have lived separate for a continuous period of at
least six months prior to the entry of the divorce decree, then the requirement of living
separate for two years may be waived upon written stipulation of both parties filed with
the court. 750 ILCS 5/401. INDIANA
A dissolution of marriage can be decreed by an Indiana court finding one of the
following grounds to exist: 1) irretrievable breakdown of the marriage, 2) a conviction of
either one of the parties of a felony subsequent to the marriage, 3) impotency existing at
the time of the marriage, or 4) incurable insanity of either party lasting for a period of at
least two years.
AIC §31-1-11.5-3. IOWA
Iowa is a pure no-fault state. The only ground upon which a dissolution of
marriage can be granted is if one of the parties alleges that there has been a breakdown
of the marriage relationship to the extent that the legitimate objects of matrimony have
been destroyed and there remains no reasonable likelihood that the marriage can be
preserved.
Iowa Code Annotated Section 598.5. KANSAS
The District Court shall grant a decree of divorce for any of the following grounds:
1) incompatibility, 2) failure to perform a material marital duty or obligation, or 3)
incompatibility by reason of mental illness or mental incapacity. KSA §60-1601. KENTUCKY
The only ground for obtaining a divorce in Kentucky is the no-fault ground that the
marriage is irretrievably broken. This means that there is no reasonable prospect of
reconciliation. Fault or marital misconduct is not a factor used by the courts in
determining a division of property.
K.R.S. §403.170 and K.R.S. §403.190. LOUISIANA
A divorce shall be granted on the petition of either spouse upon proof that: 1)
the spouses have been living separate and apart continuously for a period of at least six
months prior to the date the Petition is filed; or 2) the other spouse has committed
adultery; or 3) the other spouse has committed a felony and has been sentenced to
death or imprisonment at hard labor. A divorce shall also be granted when either spouse
has filed a Petition for Divorce and at least 180 days have elapsed from the time of
service of the Petition, or from the execution of a written Waiver of Service by the
Defendant, and the spouses have lived separate and apart continuously since the filing
of the Petition.
CC Art. 102 and 103.
The cause of action for divorce is extinguished by the reconciliation of the parties.
CC Art. 104. MAINE
Maine has both fault and no-fault grounds. Fault is not a factor used by the court
to divide property. A divorce can be granted for any of the following clauses: 1)
adultery; 2) impotence; 3) extreme cruelty; 4) desertion for three consecutive years prior
to the commencement of the action; 5) gross and confirmed habits of intoxication from
the use of liquor or drugs; 6) willful failure to support even though the party has sufficient
ability to provide for the other spouse; 7) cruel and abusive treatment;
8) irreconcilable
marital differences; and 9) mental illness requiring confinement in a mental institution for
at least seven consecutive years prior to the commencement of the action.
19 MRSA §691. MARYLAND
The Maryland court may grant a decree of divorce on the following grounds:
1) adultery; 2) desertion, if it has continued for twelve months without interruption before
the filing of the complaint for divorce--a desertion is deliberate and final, and there is no
reasonable expectation of reconciliation; 3) voluntary separation if the parties have
voluntarily lived separate without cohabitation for twelve months without interruption
before the filing of the complaint, and there is no reasonable expectation for
reconciliation; 4) conviction of a felony or misdemeanor in any state or court of the
United States if, before the filing of the complaint, the defendant has been sentenced to
serve at least three years in a penal institution and has served twelve months of the
sentence; 5) two year separation when the parties have lived separate without
cohabitation for at least two years without interruption before the filing of the complaint;
or 6) insanity, if the insane spouse has been confined to a mental institution or other
institution for at least three years before the filing of the complaint for divorce, the court
determines from at least two physicians that the insanity is incurable, and one of the
parties has been a resident of Maryland for at least two years before the filing of the
complaint. Maryland does not have a no-fault ground for divorce. Fault is one of the
factors considered by the court in determining how to divide the properties.
ACM §7-103, and 8-205 (b) (4). MASSACHUSETTS
Massachusetts has both fault and no-fault grounds for a divorce. A divorce can
be granted for the following reasons: 1) adultery; 2) impotency; 3) desertion for at least
one year prior to the filing of the Complaint; 4) confirmed habits of intoxication caused by
excessive use of liquor or drugs; 5) cruel and abusive treatment; 6) if a spouse has
sufficient ability, but wantonly and cruelly refuses or neglects to provide suitable support
and maintenance for the other spouse; 7) there has been an irretrievable breakdown of
the marriage; or 8) either party has been sentenced to confinement for life or to
imprisonment for five years or more in a penal institution. ALM 208 §1 and 2. MICHIGAN
The sole ground for a divorce in Michigan is that there has been a breakdown of
the marriage relationship to the extent that the objects of matrimony have been
destroyed, and there remains no reasonable likelihood that the marriage can be
preserved. In the Complaint, the Plaintiff shall make no other explanation of the grounds
for divorce than by the use of this statutory language. MCLA §552.6. MINNESOTA
Minnesota is a pure no-fault state. A dissolution of marriage is granted when the
court finds that there has been an irretrievable breakdown of the marriage relationship.
Minn. Stat. §518.06. MISSISSIPPI
Mississippi has both fault and no-fault grounds for a divorce. Fault is a factor
which the court may consider when dividing property. A divorce may be granted for any
of the following causes: 1) natural impotency; 2) adultery, unless it was committed by
collusion of the parties for the purpose of obtaining a divorce, or unless the parties
cohabited after both knew of the adultery; 3) being sentenced to any penitentiary; 4)
willful and continuous desertion for at least one year; 5) habitual drunkenness; 6)
habitual and excessive use of opium, morphine, or other drug; 7) habitual cruel and
inhumane treatment; 8) insanity at the time of marriage if the party complaining did not
know of such infirmity; 9) marriage to another person at the time of the pretended
marriage between the parties; 10) pregnancy of the wife by another person at the time of
the marriage, if the husband did not know of such pregnancy; 11) if the parties are
related within the degrees of relationship between whom a marriage is prohibited by
Mississippi law; and 12) incurable insanity, if the insane person has been confined in an
institution for the insane for at least three years preceding commencement of the action,
and if at least two physicians exam the person and testify in an Affidavit that the person
is incurably insane. In addition to the foregoing grounds for a divorce, the parties can
also be divorced on the ground of irreconcilable differences, but only if the divorce is
based on a joint complaint of husband and wife or on Plaintiff’s Complaint where the
Defendant has been personally served or where the Defendant has entered an
appearance by a written waiver of being served with the Summons and Complaint. No
divorce shall be granted on the ground of irreconcilable differences where the divorce is
contested. However, a divorce may be granted on the grounds of irreconcilable
differences if the divorce had been contested but then the contest was removed because
the parties entered into a written agreement providing for custody, child support, and
settlement of any property rights.
MC 93-5-1 and 93-5-2. MISSOURI
The sole ground for obtaining a dissolution of marriage in Missouri is that the
marriage is irretrievably broken. However, Missouri law allows the court to consider fault
as one of the factors determining how the property is divided. VAMS §452.310 and 452.330. MONTANA
Alleging an irretrievable breakdown of the marriage relationship is the only ground
for the Montana courts to grant a dissolution of marriage. The court does not consider
fault in its division of property.
MCA 40-4-101, and 40-4-202. NEBRASKA
The only ground for requesting dissolution of marriage in Nebraska is that the
marriage is irretrievably broken. Fault of either party is not a relevant factor to be used
by the court in dividing property.
Reissued Revised Statutes 42-353 and 42-365. NEVADA
A divorce can be granted in Nevada for any of the following causes: 1) insanity
existing for two years prior to the commencement of the action; 2) if the husband and
wife have lived separate and apart, without cohabitation, for at least one year; or 3)
incompatibility. The fault of either party is not one of the factors used by the courts in
determining how to divide property.
NRS 125.010. NEW HAMPSHIRE
A divorce from the bonds of matrimony shall be granted in New Hampshire for
any of the following causes: 1) impotency of either party; 2) adultery of either party; 3)
extreme cruelty of either party to the other; 4) conviction of either party of a crime
punishable with imprisonment for more than one year and actual imprisonment pursuant
to such conviction; 5) when either party has so treated the other as to seriously injure
health or endanger reason; 6) when either party has been absent for at least two years
and has not been heard of; 7) when either party is a habitual drunkard and has been
such for at least two years; 8) when either party has joined any religious sect which
professes to believe the relation of husband and wife to be unlawful, and has refused to
cohabit with the other for at least six months; 9) when either party, without sufficient
cause and without the consent of the other, has abandoned and refused to cohabit with
the other for at least two years; 10) when the husband has willingly separated from the
wife for at least two years, without making suitable provision for her support and
maintenance; 11) when the wife has willingly separated herself from her husband,
without his consent, for at least two years; 12) when the wife has gone to reside outside
of the state and has remained separated from her husband at least ten years without his
consent and without returning to claim her marriage rights; 13) when the wife of any alien
or citizen of another state, living separate, has resided in New Hampshire for at least two
years, her husband having left the country with the intention of becoming a citizen of
some foreign country, and not having made suitable provision for his wife’s support and
maintenance; and 14) on the ground of irreconcilable differences which have caused the
irremediable breakdown of the marriage (the no-fault ground for a divorce in New
Hampshire).
RSA 458:7 and 7-a. NEW JERSEY
An absolute divorce from the bond of matrimony may be decreed by the New
Jersey Superior Court for the following causes: 1) adultery; 2) willful and continued
desertion for at least 12 consecutive months, which is established by proof that the
parties ceased to cohabit as husband and wife; 3) extreme cruelty, which is defined as
including any physical or mental cruelty which endangers the safety or health of the
Plaintiff or makes it improper or unreasonable to expect the Plaintiff to continue to
cohabit with Defendant, provided that a Complaint for divorce based on this ground may
not be filed until after three months from the date of the last act of cruelty complained of
in the Complaint; 4) if the parties have been living separate and apart in different homes
for at least 18 consecutive months and there is no reasonable prospect of reconciliation;
5) addiction to any narcotic drug or habitual drunkenness for a period of 12 or more
consecutive months prior to filing of the Complaint; 6) if either party has been
institutionalized for mental illness for a period of 24 or more consecutive months prior to
filing of the Complaint; 7) if Defendant has been imprisoned for 18 or more consecutive
months at any time after the marriage, provided that the parties have not resumed
cohabitation following the Defendant’s release from prison; and 8) deviant sexual
conduct voluntarily performed by the Defendant without the consent of the Plaintiff.
NJSA 2A:34-2. NEW MEXICO
On the petition of either party in a marriage, a New Mexico District Court may
decree a dissolution of marriage on any of the following grounds: 1) incompatibility,
which is defined to mean a conflict of personalities and that the legitimate ends of the
marriage relationship are destroyed, preventing any reasonable expectation of
reconciliation; 2) cruel and inhumane treatment; 3) adultery; or 4) abandonment. The
fault of either parties is not a factor used by the courts in determining how to divide
property. §40-4-1 and §40-4-2, and §40-4-7 NMSA. NEW YORK
A divorce can be granted in New York for any of the following grounds: 1) the
cruel and inhuman treatment of the plaintiff by the defendant, such that the conduct of
the defendant so endangers the physical or mental well-being of the plaintiff and renders
it unsafe or improper for the plaintiff to cohabit with the defendant; 2) the abandonment
of the plaintiff by the defendant for a period of one or more years; 3) the confinement of
the defendant in prison for a period of three or more consecutive years after the
marriage; 4) adultery; 5) the parties have lived apart pursuant to a decree of legal
separation for a period of one or more years after the granting of the divorce; and 6) the
parties have lived apart pursuant to a written agreement of separation for a period of at
least one year.
Domestic Relations Law § 170.
New York also has a special proceeding to dissolve a marriage where a spouse
has been absent for at least five years. A court can dissolve a marriage if the plaintiff
has been a resident of New York for at least one year and the spouse of the petitioner
has been absent for at least five successive years and the plaintiff does not believe the
spouse to be alive. The plaintiff must allege specific facts showing the history of the
parties and the circumstances of the disappearance or absence of the spouse.
Domestic Relations Law §220 and 221. NORTH CAROLINA
A divorce can be granted in North Carolina for the following reasons: 1) when the
parties have lived separate and apart for three consecutive years, without cohabitation,
and are still living separate and apart because of the incurable insanity of either party; 2)
if the parties have lived separate and apart for at least one year and either party has
resided in North Carolina for at least six months. The court may also grant divorces from
bed and board (a legal separation) if either party: 1) abandons his or her family; 2)
maliciously turns the other out of doors; 3) by cruel or barbarous treatment endangers
the life of the other; 4) offers such indignities to the person of the other as to render his
or her condition in life intolerable; 5) becomes an excessive user of alcohol or drugs, so
as to render the condition of the other spouse intolerable and the life of that spouse
burdensome; or 6) commits adultery.
GS §50-5.1 to §50-7. NORTH DAKOTA
In North Dakota, a divorce may be granted on the grounds of both fault and
no fault. Fault or misconduct by a party may reduce that party’s share of the assets or
award of alimony or other relief, in the discretion of the court. Divorces in North Dakota
may be granted for any of the following causes: 1) adultery; 2) extreme cruelty; 3) willful
desertion; 4) willful neglect; 5) habitual intemperance; 6) conviction of felony; 7) insanity
for a period of five years, the insane person having been an inmate of an institution for
such period and affected with any psychosis (No divorce may be granted on the ground
of insanity until after a thorough examination of such insane person by three physicians
as specified by statute.); and 8) irreconcilable differences - substantial reasons for not
continuing the marriage and which make it appear that the marriage should be dissolved.
NDCC §14-05-03, and 14-05-24. OHIO
The Ohio Court of Common Pleas may grant divorces for the following causes:
1) either party had a husband or wife living at the time of the marriage; 2) willful absence
of the adverse party for one year; 3) adultery; 4) extreme cruelty; 5) fraudulent contract;
6) any gross neglect of duty; 7) habitual drunkenness; 8) imprisonment in a state or
federal correctional institution at the time of filing the Complaint; 9) when the parties have
continuously lived separate and apart for at least one year; and 10) incompatibility,
unless denied by either party. ORC 3105.01. OKLAHOMA
The District Court of Oklahoma may grant a divorce for any of the following
reasons: 1) abandonment for at least one year; 2) adultery; 3) impotency; 4) when the
wife, at the time of the marriage, was pregnant by someone other than her husband; 5)
extreme cruelty; 6) fraudulent counter act; 7) incompatibility; 8) habitual drunkenness; 9)
gross neglect of duty; 10) imprisonment of Defendant in a state or federal penal
institution for conviction of a felony and Defendant is still incarcerated at the time Petition
is filed; 11) either party obtains a final divorce decree in another state, but the parties
were not released from the obligations of the marriage within Oklahoma; or 12) insanity
for a period of at least five years.
43 Okl.St.Ann. §101. OREGON
Dissolution of a marriage in Oregon may be ordered by the court for the following
causes: 1) when irreconcilable differences between the parties have caused the
irremediable breakdown of the marriage; or 2) any of the reasons for which an
annulment could be granted. Fault of a party is not a relevant factor used by the court to
determine how property should be divided or whether spousal maintenance should be
awarded.
ORS 107.015, 107.025, and 107.036. PENNSYLVANIA
Pennsylvania has both fault and no-fault grounds for divorce. Fault or marital
misconduct by either party is not a factor used by the courts in determining how to divide
property. A divorce may be granted for any of the following reasons: 1) Willful and
malicious desertion, and absence from the home of the injured and innocent spouse,
without a reasonable cause, for at least one year; 2) adultery; 3) cruel and barbarous
treatment, endangering the health or life of the injured and innocent spouse; 4) if either
party was already married at the time of the marriage; 5) if either party has been
sentenced to imprisonment for a term of two or more years after conviction for a crime; 6)
if either party has committed such indignities to the other spouse as to render that
spouses condition intolerable and life burdensome; 7) if a spouse suffers from insanity or
serious mental disorder which has resulted in confinement of a mental institution for at
least 18 months immediately before the commencement of the action and there is no
reasonable prospect of discharge from inpatient care during the 18 months subsequent
to the commencement of the action; 8) if either party has alleged that the marriage is
irretrievably broken and ninety days have elapsed from the date of commencement of
the action and an affidavit has been filed by each of the parties stating that each consent
to the divorce; and 9) if either party alleges in the complaint that the marriage is
irretrievably broken and the party files and affidavit alleging that the parties have lived
separate and apart for at least 2 years, and the defendant does not deny the allegations
or the court determines, despite defendants denial, that the parties have lived separate
for at least 2 years and the marriage is irretrievably broken.
23 Pa.C.S.A. § 3301, and 3502.
If the alleged ground for divorce is 1) irretrievable breakdown of the marriage, or
2) indignities to the other spouse as to render that spouse’s condition intolerable, the
court shall notify both parties of the availability of counseling and, upon request, provide
the parties with a list of qualified professional counselors. Upon request by either party,
the court shall require up to a maximum of three counseling sessions. If the ground is
irretrievable breakdown of the marriage, and the parties have at least one child under 16 years of age, the court may require counseling. If the defendant denies plaintiff’s
allegation that the marriage has been irretrievably broken, the court shall continue the
case for a period not less than any days nor more than 120 days, and require counseling
during this period of time. If the parties have not reconciled at the expiration of the time
period and one party states under oath that the marriage is irretrievably broken, the court
shall determine whether the marriage is irretrievably broken. If the court so determines,
the court shall grant the divorce. 23 Pa.C.S.A. § 3301, and 3302. RHODE ISLAND
Rhode Island has both fault and no-fault grounds for divorce. The relative fault of
the parties is a factor to be considered by the court when dividing property. A divorce
can be granted in Rhode Island for the following causes: 1) if the marriage is void or
voidable for any reason under Rhode Island law - for example, if either party was already
married or if the parties are related; 2) if there have been irreconcilable differences which
have caused the irremediable breakdown of the marriage; 3) impotency; 4) adultery; 5)
extreme cruelty; 6) willful desertion for five years of either of the parties, or for such
desertion for a shorter period of time, in the discretion of the court; 7) for continued
drunkenness or habitual and excessive use of opium or other drugs; 8) for the neglect
and refusal for at least one year prior to the filing of the Petition, on the part of the
husband to provide necessaries for the subsistence of his wife, if the husband has
sufficient ability to provide; 9) for any other gross misbehavior and wickedness by either
of the parties which is repugnant to, and in violation of, the marriage covenant; and 10) if
the parties have been separate and apart continuously for at least three years.
GLRI 15-5-1 to 15-5-3.1. Minn. Stat. §518.06. SOUTH CAROLINA
No divorce shall be granted by the South Carolina courts except upon one of the
following grounds: 1) adultery; 2) desertion for a period of one year; 3) physical cruelty;
4) habitual drunkenness, including the use of any narcotic drug; or 5) if the husband and
wife have lived separate and apart without cohabitation for a period of one year. Fault
by a party is a factor which can be used by the court in determining how to divide
property.
1976 Code §20-3-10 and §20-7-472(2). SOUTH DAKOTA
South Dakota has both fault and no-fault grounds. Divorces may be granted for
any of the following causes: 1) adultery; 2) extreme cruelty; 3) willful desertion; 4) willful
neglect; 5) habitual intemperance; 6) conviction of a felony; or 7) irreconcilable
differences.
S.D.C.L. 25-4-2.
Fault shall not be taken into account with regard to the awarding of property,
except as it may be relevant to the acquisition of property during the marriage.
S.D.C.L. 25-4-45.1. TENNESSEE
Tennessee has both fault and no-fault grounds for divorce. Whether a party is at
fault is not a relevant factor used by the court in determining how to divide property. A
divorce can be decreed by the courts in Tennessee for the following causes: 1) if either
party was, at the time of the marriage and still is, naturally impotent and incapable of
procreation; 2) if either party has knowingly entered into a second marriage, while the
first marriage was still in effect; 3) either party has committed adultery; 4) willful or
malicious desertion or absence of either party, without reasonable cause, for at least one
year; 5) being convicted of any crime which, by the laws of Tennessee, renders the party
infamous; 6) if either party has been convicted of a felony and sentenced to confinement
in the penitentiary; 7) if either party has attempted to take the life of the other, by poison
or any other means showing malice; 8) if either party refuses to accompany his or her
spouse to reside in Tennessee, without a reasonable cause, and willfully is absent from
the spouse residing in Tennessee for at least two years; 9) if the women was pregnant
tat the time of the marriage, by another person, without the knowledge of the husband;
10) habitual drunkenness or abuse of narcotic drugs, when the spouse has accrued the
habit after marriage; 11) irreconcilable differences between the parties; and 12) if both
parties have lived in separate residences for a continuous period of two or more years,
without cohabitation, and there are no minor children of the parties.
The following causes for a divorce from bed and board can also constitute a
cause for absolute divorce, in the discretion of the court: 1) inappropriate marital
conduct - where either party has been guilty of such cruel and inhuman treatment or
conduct towards the spouse as renders cohabitation unsafe and improper; 2) the
husband has offered such indignities to the wife’s person as to render her condition
intolerable, thereby forcing her to leave; or 3) the husband has abandoned the wife, or
turned her out of the home, and refused or neglected to provide for her. The court also
has the power to grant an absolute divorce to either party where there has already been
a final decree of divorce from bed and board (a legal separation) for more than two
years, and the parties have not become reconciled during the prior two years.
No divorce shall be granted on the ground of irreconcilable differences unless the
court shall affirmatively find in its decree that the parties have made adequate and
sufficient provision by written agreement for the custody and maintenance of any
children of the marriage and for the equitable settlement of any property rights between
the parties. No divorce shall be granted on the ground of irreconcilable differences
unless the Petition for Divorce has been on file for at least 60 days if the parties have no
children under 18 years of age, or on file for at least 90 days if the parties have children
under age 18.
TCA §36-4-101 to §36-4-103. TEXAS
Texas has both fault and no-fault grounds for divorce. Fault is one of the factors
which the court can consider in determining how to divide property. A divorce can be
decreed by the Texas courts for any of the following reasons: 1) if the marriage has
become insupportable because of discord or conflict of personalities that destroys the
legitimate ends of the marriage relationship and prevents any reasonable expectation of
reconciliation (no-fault ground); 2) if either spouse is guilty of cruel treatment toward the
other spouse of a nature that renders further living together insupportable; 3) if either
spouse has committed adultery; 4) if since the marriage either spouse has been
convicted of a felony, has been in prison for at least one year in the penitentiary, and has
not been pardoned; 5) if either spouse left the other spouse with the intention of
abandonment and remained away for at least one year; 6) if the spouses have lived
apart without cohabitation for at least three years; and 7) if either spouse has been
confined in a mental hospital for at least three years and it appears that the spouse’s
mental disorder is of such a degree and nature that he is not likely to be restored.
V.T.C.A., Family Code §3.01-3.07. UTAH
Utah has both fault and no-fault grounds. A divorce may be granted for any of
the following grounds: 1) impotency of the Defendant at the time of marriage; 2) adultery
committed by the Defendant subsequent to marriage; 3) willful desertion of the Plaintiff
by the Defendant for more than one year; 4) willful neglect of the Defendant to provide
the common necessaries of life for the Plaintiff; 5) habitual drunkenness of the
Defendant; 6) conviction of the Defendant for a felony; 7) cruel treatment of the Plaintiff
to the extent of causing bodily injury or great mental distress; 8) irreconcilable
differences of the marriage; 9) incurable insanity; or 10) when the husband and wife
have lived separately, under a decree of separate maintenance of any state, for three
consecutive years without cohabitation.
UCA 30-3-1. VERMONT
The fault of a party can be a factor considered by the court in determining how to
divide the property. A divorce can be granted in Vermont for the following reasons: 1)
adultery; 2) if either party has been sentenced to confinement in prison for three years or
more and is actually in prison at the time of commencement of the action; 3) for
intolerable severity by either party; 4) for willful desertion or when either party has been
absent for seven years and not heard of during that time; 5) where one party has
sufficient means to provide maintenance but, without cause, persistently refuses or
neglects to do so; 6) incurable insanity of either party; or 7) if the parties have been
separated for at least six months and the resumption of marital relations is not
reasonably probable.
15 VSA 551. VIRGINIA
A divorce from the bond of matrimony may be decreed in Virginia for the following
causes: 1) adultery, or for sodomy or buggery committed outside the marriage; 2) where
either of the parties, subsequent to the marriage, has been convicted of a felony,
sentenced to confinement for more than one year, and has actually been confined for
such felonies, subsequent to the conviction, and the parties have not cohabited after
knowledge of the confinement for conviction of a felony; 3) where either party has been
guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or
abandoned the other for more than one year; 4) if the parties have lived separate and
apart without any cohabitation and without interruption for at least one year; 5) if the
parties have lived separately and apart without cohabitation and without interruption for
six months, if the parties have entered into a written Termination Agreement and there
are no minor children. CV §20-91. WASHINGTON
The sole ground for obtaining a dissolution of marriage in Washington is that
there has been an irretrievable breakdown of the marriage relationship. Fault is not a
factor used by the courts to divide property.
RCW §26.09.030 and 26.09.080. WEST VIRGINIA
A divorce may be decreed by the West Virginia Circuit Court for the following
causes: 1) adultery; 2) when either of the parties, subsequent to the marriage, has been
convicted of a felony and the conviction is final; 3) when either party willfully abandons or
deserts the other for at least six months; 4) for cruel or inhuman treatment by either party
against the other, which includes reasonable apprehension of bodily harm, false
acquisition of adultery or homosexuality, conduct or treatment which destroys or tends to
destroy the mental or physical well-being, happiness, and welfare of the other and render
continued cohabitation unsafe or unendurable; 5) for habitual drunkenness; 6) for the
addiction to habitual use of any narcotic or dangerous drug; 7) when the parties have
continuously lived separate and apart without cohabitation for at least one year; 8) for
permanent and incurable insanity; 9) for abuse or neglect of a child of the parties or of
one of the parties, with neglect meaning the willful failure to provide necessary support
and other care; or 10) if one party alleges that irreconcilable differences have arisen
between the parties, and the other party files a verified answer to the Complaint and
admits that irreconcilable differences exist between the parties. WV Code §48-2-4. WISCONSIN
Wisconsin is a no-fault state. A dissolution of marriage is granted when the court
finds that: 1) both parties by Petition or otherwise have stated under oath or affirmation
that the marriage is irretrievably broken; or 2) if the parties have voluntarily lived apart
continuously for twelve months or more immediately prior to commencement of the
action and one of the parties states under oath that the marriage is irretrievably broken.
If the parties have not lived apart for at least twelve months and if only one party has
stated that the marriage is irretrievably broken, then the court shall consider all relevant
factors including the possibility of reconciliation. If the court finds no reasonable
prospect of reconciliation, it shall then make a finding that the marriage is irretrievably
broken. If the court finds that there is a reasonable prospect of reconciliation, the court
shall continue the case for further hearing not fewer than 30 nor more than 60 days later
and may suggest counseling to the parties. At the second hearing, if either party states
under oath that the marriage is irretrievably broken, the court shall then make a finding
as to whether the marriage is irretrievably broken.
Wis. Stat. §767.12. WYOMING
The primary ground for obtaining a divorce in Wyoming is on the grounds of
irreconcilable differences in the marital relationship. However, a divorce may also be
granted on the grounds that either party has become incurably insane and the insane
person has been confined in a mental hospital for at least two years immediately
preceding the commencement of the action. W.S. 20-2-104 and 20-2-105. |
