Sentences with phrase «fault divorce ground»

Unlike many other states, Maryland does not recognize irreconcilable differences or irretrievable breakdown of the marriage as a no - fault divorce ground.

Not exact matches

Every state now has no - fault grounds for divorce, permitting a spouse who is dissatisfied with the marriage to obtain a divorce simply on that ground.

The incompatible action was called a «fault ground» for divorce.

Resolution has long campaigned for the grounds of divorce to be revised and for the so - called «fault grounds» to be removed and replaced with one single ground; a six or 12 month period of separation or reflection during which the couple would be required to agree the arrangements for their children and their finances.

The Virginia Court of Appeals remanded the case to the trial judge to enter a divorce based on living separate and apart for a year, instead of the fault ground of constructive desertion in favor of the wife.

Should adultery or some other fault ground for divorce in Virginia, determine the amount and duration of spousal support or alimony?

on Should adultery or some other fault ground for divorce in Virginia, determine the amount and duration of spousal support or alimony?

The Virginia Court of Appeals then noted that under Section 20 - 91 (A)(9)(c), the entry of a no fault divorce decree does not lessen the obligation of either spouse to support his or her spouse, unless the spouse proves the existence of a fault ground in his or her favor.

Ground for divorce in a fault divorce, wherein the plaintiff must prove physical or emotional harm to her or himself.

There are many factors that go into deciding whether to divorce based on a specific ground or filing for a no - fault divorce.

N.B., on August 1, 2014 the Court of Appeals refiled its opinion and simply affirmed the family court's no - fault ground for divorce: Court of Appeals reconsiders its decision and reinstates no fault divorce.

When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick - Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no - fault to mutual fault.

If your spouse's imprisonment is not the reason for your divorce, or you don't want to use this ground, you can choose another fault ground, such as adultery or substance abuse, or one of the state's no - fault options, which include incompatibility and irretrievable breakdown of the marriage.

If your situation qualifies for one of Illinois's fault - based grounds, you can file your divorce on that ground, but you must prove the ground is valid.

Unlike fault - based grounds available in other states, this ground requires no special proof from the spouse filing for the divorce.

A spouse can file for divorce based upon the no - fault ground of incompatibility, which requires little proof, but an Ohio court can only grant a divorce based on incompatibility if both spouses agree.

Most couples in Georgia who file for a divorce use the no - fault ground since it minimizes the duration of the divorce proceedings and eliminates the emotional efforts involved when publicizing the intimacies of your marriage and the resulting adultery to the court.

Most states allow you to file for divorce on a no - fault ground simply to avoid going through the hassle of proving your spouse guilty of some wrongdoing.

In these jurisdictions, using a no - fault ground has no effect on whether you're contesting the issues of your divorce, such as custody or alimony.

If you've already lived apart for a year, your spouse can file for divorce on Virginia's no - fault ground.

While Nebraska provides fault - based grounds for divorce, it also provides a no - fault ground, or irretrievable breakdown of the marriage.

Washington is a «no - fault» divorce state, meaning that the only legal ground for divorce is the «irretrievable breakdown» of the marriage, which simply put is that you and your spouse can not get along with each other anymore.

If you can not provide sufficient evidence to prove the adultery, the court can not grant your divorce based on that ground; you may be able to use your state's no - fault grounds instead.

Instead, the spouse filing for divorce simply needs to allege the marriage is irretrievably broken, which is the no - fault ground for divorce in Kentucky.

For example, you can file for divorce based on the no - fault ground of incompatibility or the at - fault ground of adultery.

Though the court must have a reason, or grounds, upon which to base the divorce, Washington is a pure no - fault divorce state, which means the only ground for divorce is «irretrievable breakdown» of the marriage.

However, Kansas law permits couples to divorce on the no - fault ground of incompatibility, so you can list this as the reason for your divorce.

In states where the only no - fault ground available is a lengthy separation, you can hasten your divorce along if you cite fault grounds instead.

If you chose a fault ground when your spouse is already resisting the divorce, you'll provide her with an opportunity to contest it by denying the wrongdoing.

To file for divorce based upon a fault ground, you must provide evidence supporting the fault reason.

Under each fault ground for a divorce, there is a provision for when you can bring the lawsuit against your spouse to the court.

Georgia has one no - fault ground for divorce, which is that the marriage is irretrievably broken, and 12 fault grounds for divorce.

Arkansas does have a no - fault ground for divorce like other states, but not all marriage situations qualify to use it,...

Ohio offers several grounds, or reasons, for divorce, but the no - fault ground of incompatibility is available whether you pursue a divorce or dissolution.

Since that time, divorces have been relatively easy to obtain, especially if both spouses agree on all the terms of their divorce, starting with the no - fault ground of breakdown of the marital relationship.

Choosing a fault ground for the divorce might result in the court ordering the parties to attend mediation.

Mississippi allows divorces to be granted based on irreconcilable differences, which is Mississippi's no - fault ground for divorce, only if both spouses agree to this ground and the divorce.

Texas» ground, or reason, for no - fault divorce is «insupportability.»

Maryland requires that you and your spouse live apart for a year to file on this no - fault ground, and you can't do so until the year is behind you — the time period can't run while you're waiting for your divorce proceedings to unfold.

While Nebraska provides fault - based grounds for divorce, it also provides a no - fault ground, or irretrievable breakdown...

The ground for fault divorces include: Cruel and Abusive Treatment (still the most common ground for divorce in this state), Utter Desertion, Sentence of Confinement in a Penal Institution, etc..

If you file on a no - fault ground, your husband can not stop the divorce from eventually happening.

And, even where cases are initiated on «fault» grounds (in Virginia), once these other issues are settled, because of speed and cost factors, usually, the divorce is in fact «finalized» on the applicable «no - fault» ground.

Filing a no - fault divorce takes away the need to provide extensive evidence to prove a fault - based ground, generally making the divorce process quicker and less expensive.

Currently, the only no - fault ground for divorce is 12 - month separation.

A divorce is the termination of a marriage by legal action for fault (ground) or no - fault, requiring a petition or complaint for divorce (or dissolution in some states) by one spouse.

A ground for divorce in a fault divorce, wherein the plaintiff must prove physical or emotional harm suffered from the willful abuse of the defendant.

Obviously this is far more than just semantics; it encourages the idea that marriages break up because somebody is at fault, despite the fact that every state has at least one ground for divorce that does not require a determination of marital fault.

An intentional, malicious interference with a marital relationship by a married person and a third party which may be considered as a ground (reason) for divorce in those states which have not adopted a pleading of «no - fault» divorce.

In the litigation of fault divorce, the term used in the counterclaim to accuse the plaintiff (complainant) of adultery, if initially stated as a ground for divorce against the defendant (respondent).