Common Grounds for Divorce that Helps You File Your Petition

lawfirm
August 20, 2013

Divorce is a legal process. This may sound like a dreadful incident, yet this is an important step for many. When nothing works, going separate ways becomes necessary. This is a state governed issue and you need to seek legal assistance to deal with the matter.

Hiring a family lawyer specialized in handling divorce will help you in different ways. You will be able to rely on the lawyer to prepare the petition for the termination of your marriage. In addition, because this is a state controlled issue, you will be able to get important information from the lawyer and get to know how your state enforces the law.

In some states the grounds do not matter. However, there are some US states where more than ten grounds for termination of marriage are applicable. You need to mention the ground in your petition to convince the judge that your marriage is over.

Different Grounds

Those who are filing the petition need to explain why their marriage is over. What are the grounds that you can use in the petition? The most common ground for divorce is incompatibility. This is a no fault one. This means none of the spouses is at fault and the reason for the termination of marriage is just incompatibility.

Separation is another ground that can be used in the petition. When a couple remains away from each other for a longer period of time, legally they can file for termination of marriage. This is also a state governed issue and each state has different requirement of the duration of the separation. In some states the time period is between six months and one year.

Abandonment is another essential ground. In case one spouse leaves another one, the abandoned spouse can file for termination of the marriage. However, to use this as a ground, you need to establish that you two have not lived together for a certain time period. This is also known as willful desertion in some state.

Domestic violence is another issue. This is a solid issue. In case of cruelty and abuse, the spouse can successfully file a petition for termination of the marital tie. This is easier to establish, yet in such case the legal issue becomes critical.

Adultery is often used as a ground for ending a marital tie. However, this issue is not easy to establish. The other spouse desperately contests the accusation and therefore, the matter becomes even more critical. In case of adultery alimony or spousal support is not provided.

Process

Attorneys for Divorce in Miami will be able to guide you. To begin with you will have to prepare the petition. This petition is required to be submitted in the court. A notice will be sent to your spouse as well. Once this notice is submitted, you need to wait for your spouse to respond to the notice. Until your spouse acts you cannot move forward with the further procedure. However, you spouse cannot take forever to respond. It is important to reply within a certain period. Once this happens the further procedure takes place.