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Common Reasons in Filing Divorce Forms

06th January 2010
By James Kahn in Divorce
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We commonly hear couples getting divorced or filing for divorce. What is the accurate meaning of divorce? Divorce is defined as judicial declaration dissolution of marriage between man and woman. When granted it releases both from all matrimonial duties and responsibilities. It's legal forms are the legal way of separation of husband and wife from established custom.

Married couple cannot just say "I want a divorce" without any valid reason. Irreconcilable conflict in marriage is not acceptable by court. The court will grant the divorce if and only if the family was broken irretrievably. Whether or not both couple are strongly decided that there is no chance of getting back again, then the court will proceed with the proceedings. In order to get the divorce granted make sure you know in what grounds suits you in filing the case. There are certain grounds that the courts accept in filing a divorce. Some of those reasons are the following:

1. Adultery. When a husband has sexual intercourse with opposite sex or has a mistress. The wife must provide a proof to prove her petition. However if she live with her husband more than six months after she learnt the fact of adulterous act, she cannot use this ground at all. And if the husband has sex with the same sex, the wife cannot use adultery as the reason for filing the petition but she can use the unreasonable behavior ground.

2. Unreasonable behavior. The wife must prove that her husband has unreasonable behavior or mentally incapacitated to perform his obligations. In order to prove this ground she must submit a psychologist report as proof that her husband possesses this kind of behavior and she cannot live longer with him.

3. Desertion. This is not the most common grounds recommended by lawyers, as it is very complicated to prove. However you will be advised to use and rely on this ground if the other reasons do not apply to you. In order to prove this ground, the wife must prove that the husband is no longer live with her, that the husband left her against her wishes or without any consent, that the husband decided to stop living with you and that the husband possesses unreasonable behavior.

4. Two years upon separation with consent. The couple decided to put the marriage at an end for a successive period of two years. If the couple live in the same property they must show to the court that they had subdivided the house denoting that they live their lives separately. And that the sleep in different rooms, eat and pay their own bills. If along the way reconciliation took place but failed this ground still suitable for the wife or husband to use.

5. Five years upon separation without consent. The wife must prove that her husband has left her for a period of five successive years without consent. In favor to the wife if the husband deserted her and their child without him sending any support for the child.
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