Law

When Can You File For Divorce

Grounds is the legal term for reasons for divorce. A spouse may want to file for divorce for almost any reason. Some file because of frequent arguments. There may be financial trouble that leads to a spouse filing for divorce. One of the most common reasons a spouse wants a divorce is the lack of intimacy. Couples shouldn’t take intimacy for granted over time. Extramarital affairs is an obvious reason why people get divorced. Another common reason for divorce is domestic abuse. This abuse may come in physical, emotional or mental form.

Each state or country has different terms for a divorce. There may be many reasons a spouse may want to file a divorce. But there are only three legal reasons that the law accepts.

Three legal reasons for divorce 

  • Living apart for a year or more

This means that the spouses no longer have the intention to live together. They would rather be out of each other’s lives. Spouses living together can still file for this reason. The spouse filing may prove that they are living in separate rooms or no longer have a sexual connection. Having individual social lives can also help speed up the judge’s decision. Spouses who are not living under the same roof at the time of filing will have a higher chance of approval.

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  • Adultery

Having a sexual relationship with a person who is not your spouse is committing adultery. Infidelity begins as an innocent friendship and blooms into something more. It usually begins as an emotional affair. One of the spouses grows special feelings for another person. When the receiver reciprocates it then it turns into something else. Infidelity itself is not a ground for divorce. It can be a reason for divorce if it then becomes a physical affair with sexual activity involved. This is the topmost reason for divorce. The cheating spouse cannot file for divorce for this reason. A joint request for divorce using this ground is almost always refused.

  • Physical or Mental Abuse

Harming a spouse is a legal ground for divorce. Most people think that only physical abuse can be a reason for divorce. Emotional, mental and financial abuse are also considered as legal grounds. Constant displays of anger and yelling are some of the most common abuse. Withholding money is also considered abuse. So are vulgar comments. Abuse may also be towards the children, siblings or other relatives of the spouse. Threats to the wellbeing of those close to the spouse are also considered as threats to the spouse. The acts of cruelty should be intolerable for the victim. Only then will the judge accept this reason. It should be enough to make it impossible for them to live together.

Understanding the reasons for divorce may save your marriage. Try and address issues while they are starting. Do not let it grow bigger. Being aware of an unhappy marriage makes it easier to correct whatever is wrong. You can consult divorce lawyer Houston if you need help.

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