There is no doubt that divorce is an irrevocable decision, and obviously, it is one of the biggest events in someone’s life. The ending of a marriage is certainly not a decision that can be taken lightly. There are so many issues related to marriage, and no one can decide to get a divorce instantly.
For this reason, a court wants some conditions or grounds to be met by the couples to get the marriage. When the court finds that both the husband and wife have met the grounds for divorce, it will grant the divorce decree.
But, do you know, what are the 5 grounds for divorce? If the answer is negative, keep reading this guide as we will clarify the grounds for divorce in this guide. So, let’s get in.
Grounds For Divorce
The grounds for divorce are the regulations, which specify the circumstances under which the husband and wife will get the divorce. Each state has different conditions or grounds for divorce. Therefore, before considering divorce decisions, the couple should examine or research the state law and country laws.
What Are The 5 Grounds For Divorce?
When it comes to filing for a divorce decree to the court, first, you should consider the reasons for the divorce. These need to be specified as part of the divorce process, and the court will verify your grounds before granting the divorce decree.
So, let’s find out the different grounds for divorce.
Grounds For Uncontested Divorce In Ireland
According to Section 5 (1) of the Family Law (Divorce) Act, 1996, these are the grounds on which the court will grant a divorce decree on the application of both the spouses.
Before applying for a divorce, you and your spouse must be separated for at least 2 of the previous 3 years. You can live with your spouse in the same family house during this separation period. But, both of you need to make sure that there is no marital relationship, intimacy, or commitment between you and your spouse.
2. The Couple Should Stay In Ireland
When applying for a divorce, one of the spouses must stay in Ireland permanently. Or, you must have lived in Ireland for at least 1-year before applying.
3. No Reasonable Prospect Of Reconciliation
Both husband and wife agree on the fact that there is no chance of getting back to the marital relationship again. Also, there is no valid reason to get back together.
4. Arrangements For Dependents
Appropriate arrangements must be made or will be made for the spouse and other dependent family members such as children, grandchildren, and other relatives.
These 4 grounds are for uncontested divorce where both husband and wife agree to the separation terms. And The couple must satisfy all the grounds only then the court will grant the divorce.
Note: All these 4 grounds include specific conditions. Therefore, it is always recommended to hire a qualified Family lawyer Dublin to get the best advice before taking any action.
Grounds For Judicial Separation
Till now, we have discussed the grounds for an uncontested divorce. But, what if there is no agreement between the couple or the couple can not agree to the terms of the separation agreement?
Well, in that case, either party can apply to the court for a judicial separation decree. Just like before, here, in judicial separation, the court will see if the ground for the application exists or not.
If the opposite party commits adultery which the petitioner can’t tolerate. Adultery is classified here when a married man or woman has cohabitated with a woman or man other than the husband or wife.
Note: It is not applied to same-sex relations or on the basis of the couple’s own adultery.
2. Unreasonable Behavior
This is the most common ground for a judicial separation. Here, the applicant has to prove that the respondent treats or behaves in such a way that there is no reason left to live with that person. For example,
- Domestic Abuse
- Excessive/lack of sex
- Inappropriate relationship with another person
- Excessive/lack of socializing
- Financial recklessness
- Social isolation
At the time of application, the applicant has to prove that the other party has abandoned him/her for at least one year. Here, the circumstances may be like the following-
- The spouse must leave the petitioner without any agreement, or
- The spouse left the applicant without good reasons.
4. The Couple Have Lived Apart For 1 Year
At the time of applying for the decree, the couple had been separated for at least a year (it doesn’t matter if both parties did not agree to grant the decree).
5. No Marital Relationship Has Exists
This is by far the most common ground on which the court grants the divorce decree, as neither party is found guilty here. The decision is made when the court finds that there has been no normal marital relationship between the spouses at least one year before the date of application for the decree.
With the judicial separation decree, the obligation to live together as a couple will be removed. Moreover, It also cuts off some ties between you and your ex. For example, if you die, your ex is not legally entitled to any portion of your property (unless you specify in your will).
Note: If you have a judicial divorce decree, the divorce process usually becomes much easier.
If you want to dissolve your marriage, you must need a divorce decree, which will also allow you to remarry. But it won’t be that easy to get a divorce as there are many issues involved between the husband and wife and two families.
Therefore, it’s essential for both the husband and wife to consider the grounds for divorce and ensure that they have met the grounds, and then they can file for divorce.
We hope, after going through this guide, now you know what are the 5 grounds for divorce? So, if you have any further questions, you can ask by commenting below. Or, if you want, you can also contact us.