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What are the Grounds for Divorce?

What are the Grounds for Divorce?

Do you know the legendary toothpaste tube left open? It is one of the scenes that, in the collective imagination, are based on the quarrels between husband and wife. That the tube of toothpaste left open becomes, a reason for divorce is, frankly, excessive.

But perhaps one of the two spouses was waiting for the last spark and say: “Enough, we’ve come this far. Find another one who closes your toothpaste every time you brush. Because I’m fed up, understand?”

What is perhaps not clear is when and why a divorce can be made. Will a judge ever take a lawsuit for a tube without a cap? He will probably want more logical reasons. So what are the grounds for divorce? Let’s dig.

What are the Grounds for Divorce? 11 Facts Explained

Contrary to what happens in other countries, just wanting to divorce is not enough to end the union. If they want a quick process, an agreement is needed. When there is none, a lawsuit must be initiated. In this, the causes are determined in the Law so that the Judge can order the divorce.

1. Marital infidelity (adultery)

It might be grounds for divorce if it was one of the causes of the breakdown of the couple’s relationship. Even a one-time betrayal can lead to the collapse of a marriage, resulting in divorce.

In practice, there is a standard view that there are no grounds to burden the spouse because he committed marital infidelity several years ago. In such a situation, there is an obvious lack of a causal link between the violation of marital obligations and the marriage breakdown.

If, on the other hand, such an act contributed, it must be found guilty of the breakdown of marriage and divorce.

2. A difference in beliefs

The difference in beliefs can cause a lack of spiritual unity between the spouses. It can prevent their individual development and shaping their common personality. So, this may contribute to the breakdown of marriage and result in a judgment of no-fault divorce.

3. Difference of characters

The mere incompatibility of the spouses’ characters does not yet indicate the breakdown of the marriage and does not constitute the cause of divorce. Each time it is necessary to establish what the difference is, how it manifests itself, and what effect it has on marital life.

A marriage’s breakdown is usually not the difference between characters and dispositions as such, but its specific causes and consequences.

4. Negligence towards the children

The spouse’s chronic neglect of raising children, combined with an idle lifestyle, maybe the reason for the marriage’s breakdown.

5. Physical or mental abuse

The fact that the other spouse beats a spouse severely may cause the divorce. The aggressive behaviour of one of the spouses, expressed in the beating and insults of the other, is solid ground in the laws in divorce.

Threats against a spouse may be an expression of a spouse’s persistent hostile relationship to the other spouse. This may cause the other spouse to feel grief, aversion, loss of affection, trust, etc. On the contrary, in turn, divorce may occur.

6. Improper behavior

A reckless attitude to the institution of marriage and a disrespectful manner to a relationship is not the reason for the breakdown of the parties’ marital relationship.

However, divorce could be ordered overtime when other reasons aggravate the breakdown of the marriage. Such a reason may, in particular, be long-term relinquishment or failure to perform marriage obligations undertaken by one of the parties.

7. Mental illness

In the case of mental illness, when it is not possible to maintain a spiritual bond, it is possible to order it. When his health condition requires a hospital stay, the other spouse can practically provide him with nothing more than providing help and material care. Under these conditions granting this spouse, a divorce may be justified in the moral sense of society.

8. The departure of one spouse

The departure of one of the spouses to another place with permanent residence intention is familiar ground in the laws about divorce. It not only entails the obligation to leave the other spouse but may also be considered a punishable abandonment. This may result in a divorce due to guilt.

Such an unjustified change of place of residence shows signs of culpable abandonment of the other spouse. This abandonment can be caused by the desire to establish a private commercial enterprise and thus achieve higher income.

9. Infertility

The infertility of the spouse is a faultless cause of the breakdown of the marriage. This is because having children is one of the purposes of the wedding, and the spouse has the right to expect that the other spouse.

10. Spiritual bond

The weakening of the spiritual bond with the husband is a human reaction to several months of stress, fatigue, or fear. This fact cannot be ignored when assessing the extent to which the wife’s decision to leave her husband was guilty.

11. History of the spouse

The mutual honesty to which spouses are obliged does not go so far as to cover the past of each of them. If traces of this past are not reflected in the spouses’ current life situation, it is a possible cause of the breakdown of a marriage.

Final Thought

It is difficult to say what are the grounds for divorce for sure as several facts can lead to the breakdown of a marriage. There is no doubt that when one of the spouses finds that his spouse, whom they considered to be flawless, do something otherwise, it is disappointing. But remember, to divorce, you need solid ground in the court.