Law

What Are The Grounds For A Contested Divorce In Birmingham?

The term contested divorce refers to a kind of divorce where one spouse uses the legal system to get a divorce, notwithstanding the other spouse’s opposition. A contested divorce attorney near me may assist you with the challenges inherent in such a divorce, such as parental rights, alimony, property distribution, and other related matters.

Listed below are 5 common grounds on which couples can file for a contested divorce. 

  • Adultery

Adultery is grounds for divorce if one of the spouses engages in sexual relations with a third party, whether that third party is married. The faithful spouse has the right to file for divorce, and they may do so at their discretion. Divorce may be filed even if the claimed adultery hasn’t occurred. To challenge divorce on this basis, the spouse who claims to have had an affair must be able to prove it.

  • Cruelty

Divorce may also be granted based on cruelty, which is accepted in almost every state’s legislation. There are various ways to define “cruelty,” Each of these definitions depends on the context in which the word is used.

  • Desertion

Divorce laws throughout the nation identify desertion as one of the most common grounds for divorce. When one spouse leaves the other without explanation or defies their preferences, it’s known as “abandonment or forsaking.” Desertion may take many forms, including the physical abandonment of one spouse by the other without warning and the constructive abandonment in which one spouse refuses to fulfill their responsibilities as a married couple even though they are living together.

  • Mental illness

As per the legislation, mental illness is grounds for divorce in cases of severe mental illness. However, the illness or condition at hand must be severe and incurable. For this reason, the spouse must demonstrate that they can’t live with their mentally impaired spouse on this premise.

  • Infectious Venereal Illnesses

Infectious venereal diseases may be transmitted by sexual intercourse between two already infected persons. One may divorce on even the most minor of pre-nuptial agreements. However, since the purpose of this reason is to keep the other spouse from contracting the sickness, it serves as a deterrent even before the couple is married. An infected person’s right to marry may be revoked.

Regardless of how the parties handle the problem, the fundamental goal is to bring individual justice to the spouse harmed by the other spouse’s actions and the circumstances they are now living in.

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