What are the 3 Common Grounds
Based Upon Which Divorce is Granted?
If you are finding difficult to continue the relationship with your spouse and considering divorce as a way out of the relationship then first thing you will have to do is discuss problems you are facing with Newmarket family lawyers. Family lawyers will be able to guide you properly and help you get the divorce based upon ground(s) which are making continuing the relationship quite impossible. In this context let us look at some of the grounds upon which you can seek divorce.
What are the common grounds based upon which divorce is granted?
There are basically three broad grounds for a divorce, let us go through the details here.
One Year Separation
According to it, courts will examine whether both of you lived separately for one year with no likelihood of reconciliation or cohabitation. However, you need not wait for 12 months before applying for divorce since you can apply anytime you want. But, court will only grant divorce when 1 year mark passes. Some of the factors which are considered in this respect include:
- There has to be physical separation between couples. Physical separation will be considered even when both of you are staying in same home because of financial constrains.
- One or both spouses should withdraw from their matrimonial obligations to repudiate or destroy matrimonial relation.
- Lack of joint participation in social activities.
- No relationship is not considered to be a conclusive factor but is certainly a factor that court would be considering.
Resumption of Cohabitation
You should consult Newmarket family lawyers to understand in-depth about what happens in case cohabitation is resumed. Usually, in case both of you resume cohabitation with the aim of reaching reconciliation then you are allowed 90 days for that purpose. In case this stipulated time period passes then 1 year clock will reset and court will count another 12 months from that day before it grants divorce.
This relates to one of the spouse having intercourse with someone else who is not her or his spouse. Application for divorce can be brought only when spouse is a victim. If adultery can be proved then court can waive requirement of 1 year separation and authorize immediate divorce. It can be difficult to prove adultery and as such you should consult Newmarket family lawyers to move in the right direction. On your part you will have to prove that:
- Your spouse (adulterer) had sufficient opportunity to perform adultery.
- There is proof which shows inclination of adulterer to committing adultery such as something greater than only a good friendship with someone of opposite gender.
If cruelty can be proved then court can waive requirement of 1 year of separation period and immediately grant divorce. As such, Newmarket family lawyers need to prove deterioration of physical or mental health of spouse to succeed in getting divorce for the affected spouse. Let us go through some examples of conduct that are considered as cruelty:
- Continual abuse and harassment, as for instance, ceaseless name calling.
- Severe and brutal attack or series of assaults.
As we can see there can be several grounds for divorce and you will have to analyze your position and select the most appropriate ground while applying for divorce.