You can get a no fault divorce if you give the court a reason, which is called your ground.No fault exclusive states, such as California, Michigan, and Florida, mean that you can't claim traditional grounds for divorce.You can still claim fault in many places.You can raise fault by reading the law.
Step 1: Determine where you want to divorce.
The first thing you need to do is figure out where you will file for divorce.You have to be a resident of the jurisdiction for a certain amount of time.Most states require that you have lived in their state for at least six months or a year.
Step 2: Find fault grounds in your jurisdiction.
Click on the name of your country or state to find out what divorce grounds are available.They need to be listed.There are a number of common grounds, including Adultery Abandonment Cruelty Imprisonment Mental illness.
Step 3: Talk to an attorney.
You may have questions or you may not understand the laws.A qualified divorce attorney can explain the laws to you in either situation.You can get a referral from the nearest bar association.Ask the attorney if you can have a consultation.
Step 4: There is a no-fault divorce.
You don't have to prove that your spouse did anything wrong in a no-fault divorce.A no-fault divorce simply means, "I don't want to be married anymore." Some jurisdictions, however, will require that you separate from.
Step 5: What qualifies as adultery should be checked.
Adultery is a common ground for divorce in most countries.You have to show the adultery happened.You may need to use a private investigator to catch your spouse and lover.You can use indirect proof.You can find hotel receipts, love letters, emails, and text messages.
Step 6: Analyze abandonment.
Abandonment can be either constructive or physical.To understand what you have to prove, you should read your jurisdiction's laws.There is physical abandonment.Your spouse will leave you permanently.A certain amount of time must have passed before you can claim abandonment as a ground.In Utah, your spouse must desert you for at least a year.Constructive abandonment.Even without leaving your home, your spouse can abandon you.They might not give certain aspects of marriage, such as financial support or affection.It might be possible for your spouse's impotency to qualify in some places.
Step 7: Understand that confinement is a ground.
You can use your spouse's imprisonment as a ground for divorce if they are sent to jail.Read your jurisdiction's law closely.Wrinkles are usually there.Your spouse must be imprisoned for a certain amount of time.They must be imprisoned in New York for at least three years.After you were married, your spouse must have been imprisoned.It is not possible to marry your prison pen pal and then claim imprisonment as grounds for divorce.You may be able to claim imprisonment even after your spouse is released.New York allows you to use this ground for up to five years after your spouse is released.
Step 8: Check if it qualifies as cruel.
You have to prove that the cruelty made it impossible to stay in the marriage.The following types of behavior are considered to be cruel: punching, kicking, or hitting you.Screaming or yelling at you is a result of constant rage or anger.This is not a one-time event.Constantly belittling you.Flaunting an extramarital affair.You were wrongly accused of adultery.Picking up a sexually transmitted disease and not telling you.
Step 9: When mental illness qualifies, learn about it.
Mental illness can be a reason for divorce if it meets certain requirements.If your spouse has been institutionalized for mental illness for at least two years, Kansas will allow you to divorce.Check to see if your jurisdiction has the same requirements.
Step 10: If your spouse will fight you choose a no-fault divorce.
Your spouse cannot object when you file for a no-fault divorce.There is proof that the marriage has broken down.If you claim some other ground, your spouse can object.It is possible to file for divorce on grounds of abandonment.You need to gather evidence and present it to the judge if your spouse objects.This will take a lot of time and money.You might not get divorced if you lose.A no-fault divorce is the safest bet.
Step 11: If your spouse has defenses, analyze them.
There is no defense to a no-fault divorce.If your spouse has a defense to it, you should not raise a fault-based ground.You have accepted or forgiven the behavior.If your spouse cheated, you might have forgiven them.You gave permission for your spouse to commit adultery.You are at fault, or had similar conduct.If both you and your spouse had an affair, neither of you would be able to claim adultery as grounds for divorce.Your actions were justified by your spouse.If one spouse abuses the other, they wouldn't be able to use abandonment as grounds for divorce, because their own actions caused the abandonment.You are colluding to create a reason to divorce.It might be easier to get a fault-based divorce than a no-fault one.You and your spouse agree to pretend that there is domestic violence so you can divorce quickly.This defense can be raised if your spouse changes their mind.
Step 12: Divorce records are public.
If you don't want someone to read through the ugly details of your divorce, you might want to choose a no-fault divorce.People can't uncover your family secrets.A no-fault divorce is a good way to start a new life.
Step 13: The distribution of property can be affected by fault.
When a couple divorce, most jurisdictions try to divide their property fairly.Some jurisdictions consider fault when dividing property.You might get more if you can show that your spouse was unfaithful.If a judge will consider fault when dividing property, review the relevant law.Not every ground will affect the distribution of property, so identify which grounds they will consider.
Step 14: If you have children, consider abandonment a ground.
When your spouse abandons the family, you end up with defacto custody of the children.It will be very easy for the judge to approve the permanent custody arrangement.You might want to seek a divorce based on abandonment.You can seek a no-fault divorce if you have evidence of abandonment when fighting over child custody.Check the law.