A divorce may fall into a category depending on various factors. That depends on the rules that govern divorce matters in the state. Two main categories a divorce can fall are fault-based or no fault-based. There are remarkable differences between these two categories.
The Cornell Law School highlights some grounds for filing a fault-based divorce. First, they note that people whose spouses are facing two or more years of imprisonment can file for a fault-based divorce. Also, another common ground is for a spouse facing constant mistreatment or cruelty and seeks to divorce.
Another familiar ground someone may file a fault-based divorce is bigamy. If a spouse marries while married to another person, a fault divorce hearing may kick-off. A spouse is also at liberty to file a fault-based divorce if the partner disappears for over a year without reasonable cause.
Findlaw defines a no-fault divorce as one in which a spouse may not need to prove any fault on the partner when filing for divorce. Under this category, irreconcilable differences top the common grounds for divorce list. Anyone filing for divorce on such grounds cannot face any objection from his or her spouse. Any attempt to reject a no-fault divorce is an irreconcilable difference in itself.
Also, under this category, someone can cite an irrepealable breakdown of the marriage. If there is no chance that the marriage will work after exploring all options, the court may consider the marriage as irrepealable, and that is enough to warrant a divorce. With these two being the major categories, the complainant has to decide favorable grounds for filing a divorce.