DIVORCE LAWS IN USA

Ohio Grounds for Divorce

2009-05-11T08:38:00.000-07:00

Comments: I agree here. Make sure documents you'll need for the divorce should always be with you

The Petition for Dissolution of Marriage or Complaint for Divorce are the initial documents filed with the Ohio court. It is in these documents that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court of common pleas may grant a divorce for the following causes:

No Fault (Dissolution of Marriage) Based Grounds: (A) Living separate and apart for at least 1 year;

(B) Incompatibility, unless it is denied by one of the spouses.

Fault (Divorce) Based Grounds: (A) When one of the spouses was previously married and never got a divorce; (B) Willful absence of the adverse party for at least a period of one year; (C) Adultery; (D) Extreme cruelty; (E) Fraud; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment; (I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party. (Ohio Code - Sections: 3105.01)

Every divorce case that is filed in the state of Ohio must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Ohio grounds, visit the Ohio state statutes located at: http://onlinedocs.andersonpublishing.com/.

Grounds for Divorce in Illinois

2009-05-11T08:36:00.000-07:00

Comment: There are diffrent laws governing each state. If you're in Illinois, better read this first

The Petition for Dissolution of Marriage is the initial document filed with the Illinois court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The grounds for dissolution of marriage are as follows:

No-Fault Based Grounds: Living separate and apart for a continuous period of at least two years and irreconcilable differences are deemed to have caused the irretrievable breakdown of the marriage.

Fault Based Grounds: (1) Impotence; (2) Previosly married and never divorced; (3) Adultery; (4) the respondent has wilfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation;( 5) Habitual drunkenness for at least two years; (6) Drug addiction for at least two years (7) Repeated and extreme physical or mental cruelty (8) Felony conviction or imprisionment (9) Infection with a sexually transmitted disease. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 401) http://www.divorcesupport.com/divorce/Illinois-Grounds-for-Divorce-510.html

Virginia Grounds for Divorce

2009-05-11T08:21:00.000-07:00

Comment: Make sure to check on this info below,

The Complaint for Divorce is the initial document filed with the Virginia court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court may grant a divorce from the bond of matrimony for one of the following grounds:

No Fault Based Grounds: (1) Living separate and apart for a period of at least 1 year. If the parties have entered into a separation agreement regarding the property and issues regarding any children, this period of time is reduced to 6 months.

Fault Based Grounds: (1) For adultery; sodomy or buggery; (2) Conviction of a felony or incarceration for at least 1 year; (3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. (Virginia Code - Title 20 - Sections: 20-91) http://www.divorcesupport.com/divorce/Virginia-Grounds-for-Divorce-774.html

Grounds for Divorce in Pennsylvania

2009-05-11T08:15:00.000-07:00

Comment: If you are in PA, make sure to read this notes below

Under Pennsylvania Law, you have the right to represent yourself in all legal cases, including divorce.
The legal term for representing yourself is "pro se," pronounced "pro say") which is Latin for "on your own behalf." Representing yourself is not a good idea for everyone. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever.

Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above. This will give you an indication on how to proceed with the divorce.

The law limits the authority of the court to grant divorces (known as a question of jurisdiction-can this court hear this divorce?). The law also dictates when the court has jurisdiction over a divorce proceeding.

Within Pennsylvania, the Court of Common Pleas has jurisdiction to hear divorce cases. Generally, the Common Pleas court with jurisdiction for your case is the Common Pleas court in the county where you live or the Common Pleas court in the county where your spouse lives. When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction. If not state correctly, your spouse could file a motion to dismiss your case.

After you file your papers, your spouse has 30 days (if your spouse lives in Pennsylvania), 60 days (if your spouse lives outside of Pennsylvania, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint). If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. You do not have to appear in Court if your divorce is based on Mutual Consent. from http://www.divorcelawinfo.com/PA/padivexpln.htm

Grounds for Divorce in Florida

2009-05-11T08:13:00.001-07:00

Comment: if you're in Florida, you need to know this before filing for divorce

The Petition for Dissolution of Marriage is the initial document filed with the Florida court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

One of the following facts must have occured for a final judgment to be granted:

(a) irretrievably breakdown of the marriage.

(b) Mental incapacity of one of the spouses. (Florida Statutes - Chapters: 61.052)

Every dissolution of marriage case that is filed in the state of Florida must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Florida grounds, visit the Florida state statutes located at: http://www.flsenate.gov/.

for more info http://www.divorcesupport.com/divorce/Florida-Grounds-for-Divorce-478.html

Grounds for Divorce in California

2009-05-11T08:07:00.000-07:00

Comments: be clear with your reasons and bring it to court!

The Petition for Dissolution of Marriage is the initial document filed with the California court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

Dissolution of the marriage may be based on either of the following grounds; (1) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (2) Incurable insanity.

Irreconcilable differences are those grounds which are determined by the court to be adequate reasons for the marriage to not continue and which makes it evident that the marriage should be terminated.

A marriage may be terminated by reasons of incurable insanity only upon ample proof, including competent medical or psychiatric testimony from a professional, that the spouse was at the time the petition for dissolution of marriage was filed, and actually remains, incurably insane. (California Code - Sections: 2310)

Every divorce case that is filed in the state of California must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the California grounds, visit the California state statutes located at: http://www.leginfo.ca.gov/.

for more info go to http://www.divorcesupport.com/divorce/California-Grounds-for-Divorce-438.html