For couples that are considering divorcing or causing the dissolution of their marriage, there are certain legal grounds that need to be observed. Essentially, the legal grounds to proceed with either divorce or disillusion are how they can be granted. While each state has their own set of legal grounds that cover either course of action, there are many commonalities that are observed by all governing bodies.
Legal Grounds for Divorce
Basically, the grounds must the circumstances in which a person can be granted a divorce from their spouse. The most common is adultery which is recognized in all states as legal grounds for granting a divorce. Other common circumstances include, but are not limited to the following:
- Alcoholism
- Desertion
- Disability
- Domestic Violence
- Imprisonment
Essentially, the spouse who is the victim of the aforementioned circumstances may file for divorce. In terms of domestic violence, whether it is directed at the spouse or the children who live in the household, that is considered proper legal grounds. Cruelty either through mental or physical abuse is also accepted as legal grounds for divorce.
Having the legal grounds, this means that one spouse can be granted divorce in the court of law if they prove their side of the case. This is the primary difference between divorce and dissolution as both sides must accept the latter for it to be granted.
You may want to consult with a divorce attorney if there are other reasons why you want a divorce. They can provide the proper legal advice when it comes to seeking a divorce from your spouse.
Legal Grounds for Dissolution
Here, dissolution can be granted through what is called a no-fault divorce proceeding. This is when there are no standard legal grounds for divorce being sought, but both parties want to separate because of irreconcilable differences. The first country to recognize this form of divorce proceedings was Russia just after the Bolshevik Revolution which led to the formation of the Soviet Union. In the US, California was the first state to recognize no-fault divorce in 1969 when Ronald Reagan was governor.
The four main states for dissolution are separation, state and shift of acceptance, and irreconcilable differences. Those who are separated by living in different states for example can file for a no-fault divorce. If one party admits that the marriage is beyond any repair or simply not worth continuing under the circumstances that is a state or shift of acceptance. Under these conditions, dissolution of the marriage can be granted with no fault attributed to either party.
Massachusetts has its own laws, rules, and regulations that govern what constitutes divorce and dissolution. It is important to understand what laws apply to your case before proceeding. Consulting with a divorce attorney will help you understand which avenue is right for the ending of your marriage either by divorce or dissolution. They can provide information, guidance, and will stand by you in court to ensure that your rights are protected under the law.
Davis & Davis, PC. is the leading North Reading, MA Divorce Law Firm. If you have questions about your Massachusetts divorce case, contact our firm today at (978) 228-2262
.