Divorce is a difficult and emotionally taxing process that marks the end of a marriage. However, before filing for divorce, it is essential to understand the legal grounds for divorce. In most countries, there are specific reasons or grounds for divorce, and filing for divorce without meeting those criteria could result in the rejection of the petition. In this article, we will explore the different divorce grounds that exist and what they entail.
- No-fault divorce: In some countries, no-fault divorce is the most common ground for divorce. This means that neither party is required to prove that the other is at fault for the failure of the marriage. Instead, the couple can simply claim that the marriage has broken down irretrievably, and both parties agree to the divorce. No-fault divorce eliminates the need for lengthy legal battles and allows for a more amicable and peaceful resolution.
- Adultery: One of the most common grounds for divorce is adultery, which is defined as a spouse engaging in a sexual relationship with someone other than their partner. To prove adultery, the petitioner must provide evidence that the accused spouse had an extramarital affair. Evidence can include photographs, videos, text messages, or witness testimony.
- Unreasonable behaviour: Another common ground for divorce is unreasonable behaviour. This covers a broad range of actions and can include anything from physical abuse and emotional neglect to drug or alcohol addiction. The petitioner must provide evidence of the unreasonable behavior, and it must be of such a nature that it makes it intolerable for the other spouse to continue living with their partner.
- Desertion: Desertion occurs when one spouse leaves the marital home and remains absent for a minimum of two years. The petitioner must prove that their spouse left them without their consent, and that they have not been living together for two years or more. In some countries, a shorter period of desertion may be sufficient grounds for divorce.
- Separation: Separation is a ground for divorce that is similar to desertion but is voluntary. If a couple has been living apart for a minimum of two years and both parties agree to the divorce, it is possible to file for divorce based on separation. In some countries, a shorter period of separation may be sufficient grounds for divorce.
- Domestic violence: Domestic violence is a serious issue and can be used as grounds for divorce. If one spouse is physically or emotionally abusive, the other spouse can file for divorce on the grounds of domestic violence. The petitioner must provide evidence of the abuse, which can include photographs, medical reports, or witness testimony.
In conclusion, understanding the grounds for divorce is essential before filing for divorce. While no-fault divorce is the most common ground, other grounds such as adultery, unreasonable behavior, desertion, separation, and domestic violence can also be used. It is important to seek legal advice before filing for divorce to ensure that the grounds are met and that the process is as smooth and straightforward as possible. Contact the Law Firm of Solomon Musyimi today!
