Questions Legal

What are the legal grounds for obtaining a divorce?


Aditi Chandrasekhar

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Divorce is one of the most crucial decisions in a person’s life. The main cause of separation between married couples is when they are unhappy with their partners. However, there are certain legal grounds which you have to fulfill to file a divorce case in the court.

Grounds of divorce

Unless you are a lawyer yourself, you wouldn’t know the legal grounds of divorce. However, it is not that difficult to guess it. The legal grounds of divorce is more or less the same in every country.

1. Adultery

Either of the partners can file a divorce case on the ground of adultery. If you find your partner to be guilty of cheating on you in marriage, you have the legal right to ask for a divorce. However, you are required to provide evidence in the court. Filing a divorce based on false allegations can get you into trouble. Therefore, you need to make sure that you have all the required evidence to prove your partner guilty.

2. Domestic violence

If you are facing any physical or verbal abuse from your partner, you are free to file a divorce. The cases of domestic violence are more common in the case of women. However, that doesn’t mean that men are not subjected to such heinous activity. Both men and women have the right to legally take the matter to court and file a divorce.

3. Conversion

This is a rather uncommon grounds of divorce, but either of the partners has the right to divorce in case of conversion. To put it in simple words, if any of the partners converts to a different religion, the other partner can seek a divorce, if you are unhappy with the decision.

4. Mental disorder

Even mental disorder or unsoundness of mind is considered to be a legal ground for divorce. If you are suffering because of an incurable mental disorder of your partner, you can take the harsh decision to file a divorce. This may sound inhuman, but according to law, it is completely possible.

5. Renunciation

You can file a divorce case if your partner decides to renounce all worldly pleasures and choose the path of religion. In this case, both men and women have the right to file a divorce.

6. Desertion

If your spouse abandons you for a period of two or more years, you have all the right to seek a divorce from your partner.

These are some of the main grounds based on which you can file a divorce case in the court. You can also take the help of a lawyer to understand the process better.

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