The Grounds for Divorce.

Although there are number of grounds, the most common is the newest, irretrieveably broken. Furthermore, virtually all divorces are granted upon that ground although the facts and circumstances that would support one of the other grounds are often considered in awarding custody, dividing property, or granting support.

The statutory grounds are:

(1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity;

(2) Mental incapacity at the time of the marriage;

(3) Impotency at the time of the marriage;

(4) Force, menace, duress, or fraud in obtaining the marriage;

(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;

(6) Adultery in either of the parties after marriage;

(7) Willful and continued desertion by either of the parties for the term of one year;

(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;

(9) Habitual intoxication;

(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;

(11) Incurable mental illness.

(12) Habitual drug addiction

(13) The marriage is irretrievably broken.

The information provided in this summary is general and for information only and does not constitute legal advice for any particular situation of facts and circumstances. If you have need of legal advice, please consult an attorney for your specific questions.