If you have exhausted all other options and your relationship just isn’t working, you may decide to file for divorce. This is a big decision to make and it’s important that you think carefully about it before you go ahead. If you haven’t tried things like marriage counselling before, you should go down that route before you file for divorce.
When you do file for divorce, you have to give a reason for it and a lot of people don’t realise this. The reason that you choose makes a big difference so it’s important that you think carefully about it. In some countries, you can file for no fault divorce, but that isn’t an option here. In fact, there are only 5 accepted reasons for a divorce and it’s important that you understand what they are and which you should choose.
What Are The Acceptable Reasons For Divorce?
The first acceptable reason for divorce is unfaithfulness. In cases where your spouse has cheated on you, it’s easy to choose the reason. It strengthens your case during the divorce and there is a clear reason for the split.
Desertion is another reason that you can put on the divorce papers and, again, this is quite a simple one. If your partner leaves you and moves out with the intention of ending the relationship and they are living outside the marital home, that is a legitimate reason for divorce.
Separation is also considered a reason for divorce and it is broken into two categories. A mutual separation must last for at least 2 years or a separation must last for 5 years if one of you doesn’t agree to the divorce.
The final reason that you can use is unreasonable behaviour and that can get a little more confusing. If your partner is behaving in such a way that you can’t be realistically expected to live with them anymore, that is considered grounds for divorce.
How Do You Choose A Reason?
The problem with this system is that those 5 reasons don’t cover things like couples that fall out of love or situations where one person wants to move to another country for work and the other doesn’t. They don’t account for the complex nature of relationships and there are some situations where choosing a reason can be tough, but it’s very important that you make the right choice.
Sometimes, it’s easy because a partner has been unfaithful or they have deserted you, but in other cases, you need to find the best possible fit. Often, if you don’t know what to put as the reason, you may need to put unreasonable behaviour, even if that doesn’t really cover it. Your spouse will be less likely to defend the divorce if you use this reason but you will have to prove to the judge that the marriage has broken down.
Regardless of what reason you choose, that last part is very important. If you can’t realistically prove that your partner is behaving unreasonably or you accuse them of adultery without any actual evidence that it happened, your divorce may not be granted.