Family Law Attorney Jennifer Abrams Shares Seven Different Legal Grounds for Dissolution of Marriage

1. Incompatibility

The most common type of divorce is the no-fault divorce. This means that a marriage has irretrievably broken down past the point of salvaging it. Irreconcilable differences and incompatibility are included under the no-fault divorce. While no one is legally at fault, both parties have decided that they no longer wish to remain married.

2. Living Apart For At Least One Year

Living separate and apart for at least one year can be a legal basis for divorce.

3. Incurable Insanity For Two Years

A spouse’s incurable insanity for two years is a basis for divorce. However, divorce filings rarely aver insanity because proving it would require findings and testimony of medical or psychological experts.

4. Fraud

If you were defrauded into marrying someone, you might have legal grounds for an annulment. In fraud cases, you may have been tricked into marriage by a dishonest spouse. If you know that you have experienced this situation, consulting an experienced family law lawyer is right.

5. Inability To Consent

If you were under the influence of alcohol or drugs at the time of marriage, you may have a basis for an annulment based on lack of capacity. This does not apply to situations where the wedding was planned months in advance during sobriety, but alcohol was consumed after the exchanging of vows. It applies to situations where a couple is out drinking or using drugs and wake up the next day to learn they got married. In such situations, the inebriated individual is not capable of consenting to the marriage and therefore, the marriage may be annulled on this basis.

6. Want of Understanding

If, after the marriage, you learn something about your spouse that is a deal-breaker (i.e., had you known that information before the marriage, you would not have said “I do”), then your marriage may be annulled for want of understanding. Examples include learning that your spouse has no intention of ever having children, your spouse is impotent, or your spouse has no intention of living in the United States.

7. Void In Equity

In general, any basis for setting aside a legal contract would fall under this category for annulment of a marriage.

Void Marriages

Some marriages are void from inception. For example, if two siblings get married or if first cousins get married, those marriages are void ab initio.



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Jennifer Abrams

Jennifer Abrams

Attorney Jennifer V. Abrams is a 20 year veteran in the practice of divorce law. Located in Las Vegas, Nevada.